ABHAY S. OKA, N. KOTISWAR SINGH
Amit Mittal – Appellant
Versus
Punjab Government – Respondent
ORDER :
Application for impleadment is allowed.
2. Leave granted.
3. Heard the learned senior counsel appearing for the appellants and the learned counsel who represents the informant.
4. A complaint was filed by the respondent in his capacity as the Labour Inspector Grade I before the learned Chief Judicial Magistrate, SAS Nagar. The allegation is that the appellants have violated Section 25-O of the Industrial Disputes Act, 1947 (for short, "1947 Act") and therefore they have committed offence punishable under Section 25-R of the 1947 Act. Cognizance was taken of the complaint by the learned Magistrate.
5. A petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, "CRPC") was filed by the appellants seeking quashing of the complaint on various grounds stated therein. The High Court by the impugned judgment held that a petition under Section 482 of the CRPC was not maintainable and the remedy of the appellants was to take recourse to Section 397 of the CRPC by way of a Revision Application for challenging the order issuing process.
6. We have examined the grounds taken in the petition under Section 482 of the CRPC. Apart from the ground taken that no case was made
The High Court's inherent power under Section 482 of CRPC cannot be denied without a statutory bar, and its refusal to entertain a petition must be justified.
The court affirmed the appellant's right to challenge the sanction order and clarified that prior observations should not influence the merits of the case.
The main legal point established is the requirement of obtaining authorization from the appropriate government for filing complaints under the Industrial Disputes Act 1947 to avoid frivolous complain....
A petition under Section 33C(2) of the Industrial Disputes Act cannot be maintained without prior adjudication or agreement.
Second petition – Though there can be no blanket rule that a second petition under Section 482 Cr.P.C. would not lie in any situation and it would depend upon facts and circumstances of individual ca....
Setting criminal law in motion has serious consequences – It cannot be done casually by Magistrate.
High Courts can exercise inherent powers under Section 482 of the Cr.P.C. to prevent injustice, even if alternate remedies are available.
Section 397 of Cr.P.C., is attracted against all orders except interlocutory orders, even mere availability of alternative remedy cannot be a ground to dis-entitlement of relief under section 482 of ....
The High Court's inherent powers under Section 482 Cr.P.C. can be exercised to prevent abuse of process, and these powers operate concurrently with Article 227 of the Constitution.
There are no limits of powers of Court under Section 482 of Code but the more the power, more due care and caution is to be exercised in invoking these powers. Power of quashing criminal proceedings,....
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