SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2010 Supreme(AP) 403

SAMUDRALA GOVINDARAJULU
Chittivalasa Jute – Appellant
Versus
State rep. By the Public Prosecutor – Respondent


Advocates appeared:
For the Petitioners:M. Radha Krishna Murty, Advocate.
For the Respondent: Public Prosecutor.

Judgment

The petitioner/A-1 seeks quashing of proceedings in S.T.C.No.18 of 2010 on the file of IV Metropolitan Magistrate, Bheemunipatnam, Visakhapatnam District under Section 482 Cr.P.C on the ground that complaint filed by the Deputy Commissioner of Labour, Visakhapatnam in the lower court under the provisions of payment of Bonus Act (in short, the Act) is not maintainable as the Deputy Commissioner of Labour is not competent to file the same as per Section 30 of the Act. Even though another ground was raised in the petition to the effect that Anudeep Bajoria who is impleaded as another accused in his capacity as Chief Executive of the petitioner company had ceased to be the Chief Executive with effect from 31.03.2009, the said ground was not urged by the petitioner’s counsel before this Court. In any event, whether Anudeep Bajoria ceased to be Chief Executive of the petitioner company or not, is a question of fact which has to be gone into and decided by the trial court after recording evidence to be let in by both the parties. This Court cannot go into the said factual aspect in this petition under Section 482 Cr.P.C. In any event, the contraventions alleged in the complaint re
























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top