G C MRIG Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two applications involving common questions of fact and law were heard together and are being disposed of by this common judgment.

(2.) The petitioner, in both these cases, is the Chariman-cum-Managing Director the Bharat Cooking Coal Limited (BCCL). He was prosecuted for alleged commission of an offence under Section 29 of the Industrial Disputes Act, 1947. Admittedly, prior to initiation of the aforementioned prosecution against the petitioner, sanction in terms of Section 38 of the Industrial Disputes Act, 1947 had been obtained.

(3.) The short question when arises for consideration in these application is as to whether order taking cognizance as against the petitioner could have been passed without obtaining sanction in terms of Section 197 of the Code of Criminal Procedure,