KASHINATH BOHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner in this application has prayed for quashing of the entire criminal proceedings pending before the learned Additional Chief Judicial Magistrate, Rajmahal, including the order dated 29.2.1996 in TR Case No. 358 of 2003 (O.C.R. No. 10 of 1996) whereby cognizance of the offences under Sections 23 and 24 of the Contract Labour (Regulation and Abolition) Act has been taken against the petitioner.

(2.) THE primary ground advanced by the counsel for the petitioner in respect of his prayer is that the order of cognizance taken by the trial Court is devoid of merits and has been passed without application of judicial mind to the facts and circumstances of the case, namely, that the complaint petition essentially lacks specific details regarding the capacity of the petitioner vis -a -vis the Company i.e. Tirupati Engineering Private Limited and also regarding the place where the aforesaid company's mining operations are located which was allegedly inspected by the opposite -party No. 2 and also lacks the specific allegation against the petitioner as to the role played by him in respect of the alleged acts.

(3.) FOR better appreciation of the grounds advanced on behalf of the petitioner, it would be appropriate to make brief reference to the facts of the case.