KAMALA CONSTRUCTION CO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) PETITIONERS in this application, filed under Section 482 of the Cr. PC, have prayed for quashing the order dated May 8, 2003 passed by the Chief Judicial Magistrate, Ranchi in Case No. CIII-47 of 2003 whereby, cognizance for the offences under Sections 23/24 of the Contract Labour (Regulation and Abolition) Act, was taken against the petitioners.

(3.) ASSAILING the impugned order of cognizance, learned counsel for the petitioners would plead several grounds including the ground that the proceeding ought not to have been initiated against the several persons including those who are not concerned with day to day affairs and Management of the establishment of the petitioner no. 1 company. The initiation of the proceeding against the petitioner nos. 4 and 6 on the mere basis that they happen to be the partners of the Firm, is illegal since there is no specific allegation that these two ladies are actively involved in any manner with the Management and affairs of the works of the petitioner no. 1 company. Learned counsel adds that even as per the complaint/prosecution report, the accused no. 7 was the only person who was found present by the Assistant Labour Commissioner at the works site and even according to the complaint, he was the person in-charge of the works site at the relevant time. The allegation against the petitioner no. 7 namely, Ashok Kumar Choudhary is that he had refused to receive the notice served upon him by the complainant.