M/S. BALAJI HYUNDAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the order dated 24.11.2011 passed by the learned Judicial Magistrate, 1st class, Patna in case No. 3042 (M) of 2005 (Trial No. 1041 of 2011) where under the petition of the petitioners filed under section 245 of Cr.P.C., 1973 was rejected.

(2.) The facts in brief is that on a complain of Insurance Inspector (Legal), E.S.I. Corporation, Patna, the above case was registered for the offence under section 85G of the Employees State Insurance Act, 1948 (Act No. 34 of 1948 and No. 38 of 1975). The informant visited at the business premises of petitioners for inspection on 14.07.2004, 11.04.2004 and 13.12.2004 after giving prior information. Thereafter, a registered notice was given to produce the records as required under Section 45(2) of the E.S.I. Act, but the petitioners did not comply and consequently the above case was lodged.

(3.) Head learned counsel for the petitioners and Opposite Party No. 2.