DR. D.B. GUPTA SON OF LATE PEAREYLAL GUPTA, CHAIRMAN, M/S. LUPIN LIMITED, LAKSHMI TOWER, C WING, FOURTH FLOOR, BANDRA KURLA COMPLEX, MUMBAI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This is an application, filed under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code'), seeking quashing of the First Information Report, bearing Saharsa Police Station Case No. 177 of 2016, registered on the basis of an order, dated 04.02.2016, passed by the learned Chief Judicial Magistrate, Saharsa, in exercise of power under Sec. 156 (3) of the Code. The First Information Report has been registered disclosing commission of offence punishable under Sections 420, 466, 467, 468, 120B read with Sec. 34 of the Indian Penal Code and Sec. 22A read with Sec. 22B of the Minimum Wages Act, 1948.

(2.) The order, dated 04.02.2016, passed by the learned Chief Judicial Magistrate, Saharsa, in Complaint Case No. 01(C) of 2016, has been specifically challenged on the ground of lack of jurisdiction, for the reason that the learned Chief Judicial Magistrate, Saharsa, did not have the competence to take cognizance on the basis of the complaint case filed by respondent no. 2 and, therefore, to exercise his jurisdiction under Sec. 156(3) of the Code.

(3.) I have heard Mr. Jitendra Singh learned Senior Counsel, appearing on behalf of the petitioners, Mr. Kumar Alok learned Standing Counsel No. 7 appearing on behalf of the State and Mr. Rajesh Kumar Singh, learned Counsel for the respondent no. 2.