RATAN AGRAWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) A person, which includes a company, covered by the Employees State Insurance Act, 1948 (hereinafter referred to as the Act) is required to make contribution to the extent as prescribed by the Act and is also required to file return in relation thereto. In the event such person fails to pay such contribution or fails to submit return, he is liable to be punished. In order to ensure such punishment previous sanction of the Insurance Commissioner is required and thereupon a complaint is required to be filed before a Metropolitan Magistrate or a Judicial Magistrate of first class. The sanction to prosecute was granted by the Insurance Commissioner or by the person authorized to grant such sanction on 27th September, 2001 against the applicants herein. On the basis thereof the complaint was presented before the Chief Judicial Magistrate, Patna on 10th October, 2001.

(2.) THE petitioners contend that such complaint could not be lodged at Patna for no part of the alleged offence was committed within the jurisdiction of the Chief Judicial Magistrate, Patna. The offence is non -payment of contribution and non -filing of return. The obligation in relation to both of them were required to be discharged at Jamshedpur.

(3.) A reading of Section 407 of the Code of Criminal Procedure (hereinafter referred to as the Code) would show that the High Court has power to transfer cases and appeals within its jurisdiction and does not have power to transfer cases to Courts over which it does not have jurisdiction or superintendence. Such power has been granted to the Hon ble Supreme Court by Section 406 of the Code.