Jharkhand High Court
Ms Tata Motors Ltd Telco Through Its ... vs The State Of Jharkhand And Anr on 2 December, 2014
Author: P.P. Bhatt
Bench: P.P. Bhatt
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 1201 of 2014
M/s Tata Motors Ltd. ....Petitioner
Versus
State of Jharkhand & another ... Opposite Parties
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Coram: THE HON'BLE MR JUSTICE P.P. BHATT
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For the Petitioner : Mr. V.P. Singh, Sr. Advocate &
M/s. A.K.Das & Rashmi Kumar, Advocates
For the State : Mr. V.K. Tiwary, APP
/02.12.2014: Present criminal miscellaneous petition has been filed under Section 482 of the Code of Criminal Procedure for quashing the entire proceeding, including the order dated 12.12.2008, arising out of Complaint Case No. C2-5371/08, whereby cognizance of the offences under Section 23 and 25 of the Contract Labour (Regulation and Abolition) Act, 1970 has been taken on 12.12.2008 against the petitioner by the learned CJM, Jamshedpur.
Learned counsel for the petitioner, while referring Annexure-1, pointed out that complaint case was filed against the seven accused persons and out of which, accused Nos. 2 & 3 preferred Cr.M.P. No. 134 of 2009. While referring the order dated 31.07.2013 passed in Cr.M.P. No. 134 of 2009, which is annexed as Annexure-10, it is submitted that a co-ordinate Bench of this Court after careful consideration of the facts and circumstances involved in the case, passed an order to quash the entire criminal proceeding of Complaint Case No. C2-5371/08 including the order taking cognizance dated 12.12.2008 against the petitioners therein. It is further submitted that the fact of the present petition is also similar to that of accused Nos. 2 & 3, who are petitioners of Cr.M.P. No. 134 of 2009.
Learned A.P.P. appearing on behalf of the State has prayed for four weeks' time to take instructions and has submitted that since the present petition is arising out of a complaint case, notice may be issued upon the opposite party No.2.
In view of the above submission, let notice be issued to the opposite party No.2, on his present and correct address, under registered cover with A/D as well as by ordinary process, for which requisite etc. must be filed on or before 8th of December, 2014.
Notice is made returnable by 15th January, 2015. Put up this case on 15th January, 2015.
Till next date of listing, further proceeding of Complaint Case No. C2-5371/08, now pending in the Court of learned SDJM, Jamshedpur shall remain stayed in relation to the petitioner.
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(P.P. Bhatt, J.) S.B.