LAWS(PAT)-1999-7-76

G C BAHUGUNA Vs. STATE OF BIHAR

Decided On July 27, 1999
G C Bahuguna Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THIS application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") has been preferred by the eight petitioners who are accused in the trial Court, challenging the validity of the impugned order of cognizance dated 7.4.1993, passed by Shri Ram Bhajan Pal, Judicial Magistrate, 1st Class, Patna, in case No. 206(C)/93, whereby cognizance has been taken under Sections 323, 341, 342, 355 and 34 of the IPC, and summons have been issued against them to stand their trial.

(2.) THE present dispute is between the members of the Union and the Representatives of the Management of Bata India Limited, engaged in manufacture of footwear. The complainant is a workman in the factory of Bata India Limited, situate at Bataganj, Police Station, Digha in the township of Patna, and claims to be the General Secretary of Bata Kamgar Union. According to the allegations levelled in the petition of complaint, the dispute related to the question of payment of bonus paid or payable in four instalments. After having paid the first three instalments @ 15%, the management decided that the payment of bonus for the whole year should be @ 9% and had decided to deduct the excess payment made earlier while making payment of the fourth and the final instalment. This had led to agitation amongst the employees of Bataganj Factory, who were engaging themselves in various kinds of protest within the factory premises as well as the factory gate.

(3.) LEARNED counsel for the petitioner next submitted that the present complaint case is a mala fide prosecution and is based on a palpably false premise. He has invited my attention to paragraphs 5 and 6 of the bail application of the sight accused -persons (including the present complainant) in the aforesaid Digha P.S. Case No 45/93 (Annexure 6), which is set out hereinbelow :