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2013 Supreme(Kar) 436

K.N.KESHAVANARAYANA
Shashi Kumar – Appellant
Versus
State of Karnataka – Respondent


Advocates appeared:
For the Petitioner:G. Suresh, Advocate.
For the Respondents: K. Dilip Kumar, HCGP.

Judgment :

In this petition filed under Section 482 of Cr.P.C., the petitioner arraigned as accused in C.C.No.335/2009 on the file of the Principal Civil Judge (Jr.Dn.) and JMFC, Anekal, has sought for quashing the prosecution launched against him in the said case for various offences purported to be under Bonded Labour System (Abolition) Act, 1976 (for short, ‘the Act’) inter alia on the grounds that, in view of the provisions of Section 21 of the said Act read with notification issued by the State Government dated 30.03.1976 published in the official Gazette, the Judicial Magistrate First Class ceased to have jurisdiction to take cognizance of any of the offences alleged under the Act and that assuming for the purpose of argument that the Judicial Magistrate had jurisdiction, the order impugned does not indicate the application of judicious mind to the materials on record and also does not specify as to the offences for which cognizance has been taken.

2) I have heard the learned counsel for the petitioner as well as the learned Government Pleader.

3) The argument regarding the jurisdiction of the Judicial Magistrate First Class to take cognizance of the offences under the Act, h












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