120B IPC , 7 CLA Act and Section 7 Gangster Act
Chetganj
Varanasi
7.
168 of 2010
147, 452, 323, 504, 506, 120B IPC
Kotwali
Varanasi ... CLA ACT
Chetganj
Varanasi
9.
527 of 2011
147, 148, 149, 323, 504, 50, 307 IPC
Chunar
Mirzapur
petitioner for the offence under
Section 7(1)(a) of CLA Act,2005 on the allegation suspecting the petitioner
who committed offence against general public ... prosecution the offence under Section 7(1)(a) of CLA Act,
2005 is nothing but section 25 of the Criminal Procedure (Amendment) Act,
2005 shall
Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as the CLA Act ) against the petitioners and directed them to face trial.
2. The primary ... prohibition was promulgated under provision of Section 10(1) of the CLA Act in terms of which the Company has assured that it had stopped
Act and substantive offences under Sections 17, 18
and 21 of the UA (P) Act & Section 17 of the CLA Act ... Act 1967 and substantive offences under Sections 17 , 18
and 21 of the UA(P) Act 1967 & Section 17 of the CLA Act
Act 1967 and substantive
offences under Sections 17 , 18 and 21 of the UA(P) Act
1967 & Section 17 of the CLA Act ... Act 1967 and
substantive offences u/s Sections 17 and 18 of the UA(P)
Act 1967, section 17 of the CLA Act
Act, 10 of Unlawful Activity (Prevention Act) 2004, 10 (b)
(ii) of Unlawful Activity (Prevention Act), 13 of Unlawful Activity
(Prevention Act), 17 of CLA ... Substance Act in terms of power
vested under Section 7 of Explosive Substance Act but, with regard to
Section 17 of the CLA Act
Prevention) Act 1967 as amended by the
Unlawful Activities (Prevention) Amendment Act 2004 and 188, 143 IPC r/w 7(1)(a)
CLA Act . Thereafter ... Section 7(1)(a) of the Criminal Law Amendment (CLA) Act.
3 The learned counsel for the petitioner primarily raised two
grounds, challenging the final
Sections 143 , 188 , 285 I.P.C and Section 7(1)
CLA Act and the same was taken cognizance by the learned
Judicial Magistrate ... Sections 143 , 188 ,
285 I.P.C and Section 7(1) CLA Act as against the petitioners.
Except the official witnesses, no one has spoken
120B of the Indian
Penal Code and Section 17 of CLA Act.
6. Having regard to the facts and circumstances of the
case, I find ... prima
facie allegation against the petitioners under section 17 of the CLA
Act which is triable by the Judicial Magistrate, Ist Class. Similarly,
no prima
Arms Act and Section 17 (1) (2) of the
CLA Act, on the basis of a secret information received by the Police,
regarding realization / extortion ... Arms Act and Section 17 (1) (2) of the CLA Act, and
investigation was taken up.
5. In the aforesaid F.I.R., a Charge
