SRIKANT MALIIK Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Shri Laxmi Narayan Das, learned counsel for the petitioner and Shri Jharkhandi Upadhyay, learned Additional Public Prosecutor.

(2.) The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 10.12.2007 passed in Case No.4101/(M)/07, whereby the learned Judicial Magistrate 1st Class, Patna has taken cognizance of offence under Section 14(1) of the Child Labour (Prohibition and Regulation) Act, 1986 (hereinafter referred to as the 'Act').

(3.) Short fact of the case is that on 24.10.2007, Labour Superintendent with team came to Jagat Ambika Apartment where the petitioner resides in Flat No.C/4. It was claimed that when the team arrived, it was noticed that one Rabindra Kumar aged about 12 years was employed with the petitioner in contravention of Section 3 of the Act. Thereafter, complaint was filed alleging commission of offence under Section 14(1) of the Act. The complaint dated 27.11.2007 was filed in the court of learned Magistrate and since it was a complaint filed by the public servant, the learned Magistrate, by its order dated 10.12.2007, has taken cognizance of offence under Section 14(1) of the Act.