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2007 Supreme(Bom) 1509

C.L.PANGARKAR
HDFC BANK LTD. – Appellant
Versus
NAGPUR DISTRICT SECURITY GUARD BOARD – Respondent


Advocates appeared:
For applicants: P.G. Mewar
For non-applicant No.1: M.R. Pillai

ORAL JUDGMENT

Rule. Heard finally with consent of parties.

2. By this application, the applicants challenge the order passed by the Judicial Magistrate (F.C.) whereby he allowed the application of the non-applicant No.2 to assist the prosecution.

3. A few facts may be narrated as follows:-

The applicants are accused in Criminal Complaint No. 3516 of 2006. The non-applicant No. 1 instituted this criminal complaint case before the Chief Judicial Magistrate under Rule 13 of the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981. It is alleged that the applicants/accused did not register itself as principal employer and has thus committed offence punishable under Rule 42 of the Rules. Non-applicant No.2 moved an application in this private complaint case to assist the complainant. It appears that the non-applicant No. 2 was in the employment of the applicants/accused and his services have been terminated by the applicants. The main ground upon which he seeks to assist prosecution is that the applicants/accused are misleading the Court and that needs to be taken care of.

The complainant i.e. N.A. No.1 gave no objection while the applicants/accused opposed









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