SWAPAN GANGULY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners Swapan Ganguly and Ram Chandra Prasad have preferred the petition under Section 482 of the Code of Criminal Procedure jointly for quashing the entire criminal prosecution of Complaint Case No.C-III-306 of 1990 including the order impugned dated March 19, 2004 whereby cognizance of the offence was taken. The case is pending in the Court of Shri Santosh Kumar, Judicial Magistrate, 1st Class, Ranchi.

(2.) The petitioners had earlier moved before the Ranchi Bench of Patna High Court for quashing the order of cognizance taken earlier in the same case and this Court by order dated March 15, 1999 set aside the cognizance order dated July 9, 1990 in Cr. Misc. No. 736 of 1991(R) and remit the matter for passing fresh order in accordance with law as Annexure 1.

(3.) The brief fact, of the case, is that the Labour Enforcement Officer (Central) instituted a Complaint Case No.C- III-306 of 1990 before the Chief Judicial Magistrate, Ranchi against the petitioners under Section 24 of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as 'the Act') on the allegation regarding breach of several rules under the said Act. On the basis of such complaint, Chief Judicial Magistrate, Ranchi took cognizance of the offence under Section 24-A of the Act. Again after remand, learned Chief Judicial Magistrate, Ranchi, pursuant to the direction made in Cr.Misc. No. 736 of 1991(R) took cognizance afresh by the order impugned dated March 19, 2004 in the present case and it is submitted that such order suffers from material illegality and is unsustainable in law.