BYOMKESH PATHAK Vs. STATE OF BIHAR AND ANOTHER

JUDGEMENT

(1.) The petitioner, Byomkesh Pathak has filed this writ petition for quashing the criminal prosecution and the entire criminal proceedings in PW Case No. 8/82, now pending in the Court of Sri S. B. Mishra, Judicial Magistrate, Dhanbad and the order dated 5th September, 1994, passed in the said case, whereby permanent warrant of arrest has been issued against him.

(2.) The facts of the case are that on 4-2-1982, a complain petition was filed by respondent No. 2 in the court of the Sub-divisional Judicial Magistrate, Baghmara at Dhanbad alleging violation of Rules 8 and 19 of Payment of Wages Rules, 1956, against the petitioner and others on account of the discrepancies found in the inspection made on 10-9-1981.

(3.) By an order dated 4-2-1982, the learned Sub-divisional Judicial Magistrate, Baghmara at Dhanbad took cognizance of the offence under Rule 22 of the Payment of Wages (Mines) Rules, 1956. On receipt of summons, the petitioner appeared on 25-7-1983 and he was granted bail. According to him, he all along took steps since 25-7-1983 in the case. The same was transferred from one court to another, but there was no progress in the case. The case was adjourned from 1982 to 5-5-1989 for appearance of the remaining accused persons although the petitioner took steps on each and every date. On 5th May, 1989, the case was fixed for evidence, but the prosecution failed to produce any witness till 16-9-1992, On that date the case records were transferred to the court of the learned C. J. M, Dhanbad. But since the petitioner was not knowing this fact, he could not take any step in the transferee court. Accordingly, by an order dated 16-4-1994, the learned Magissrate ordered for issuance of warrant of arrest which was issued on 25-4-1994.