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2025 Supreme(SC) 220

ABHAY S. OKA, N. KOTISWAR SINGH
Amit Mittal – Appellant
Versus
Punjab Government – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Kapil Sibal, Sr. Adv., Mr. Diwakar Maheshwari, Adv., Mr. Yugam Taneja, Adv., Mr. Karun Mehta, AOR
For the Respondent: Mr. Rajat Bhardwaj, A.A.G., Ms. Nupur Kumar, AOR, Mr. Deepanshu Mehta, Adv., Mr. Dinesh Verma, Adv., Mr. Subhasish Bhowmick, AOR

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

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