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RAJIV SHARMA
Managing Director, M/s. Tops Security Limited – Appellant
Versus
State of Himachal Pradesh – Respondent


Counsel for the Parties:
For the Petitioners:K.D. Sood, Sr. Advocate with Rajnish K. Lal , Advocates.
For the Respondents: M.A. Khan, AAG.

ORDER

Rajiv Sharma, J.— Present petition has been filed for quashing the complaint in case No.522-l/06 pending in the Court of Judicial Magistrate 1st Class, Sundernagar.

2. “Key facts” necessary for the adjudication of this petition are that Labour Inspector, Sundernagar filed complaint No.522-1/06 under Sections 13 and 18 of the Minimum Wages Act, 1948 and under Section 4 of the Labour Laws Exemption from Furnishing Returns and Maintaining Register by Certain Establishment Act, 1988 read with Rules 23, 24, 25 and 28 of the H.P. Minimum Wages Rules, 1978. The complaint was presented in the court of Judicial Magistrate 1st Class, Sundernagar on 24.11.2006. Accused were ordered to be summoned for 15.12.2006. Bailable warrants were issued in the sum of Rs.3,000 with one surety by the Judicial Magistrate on 20.4.2007 for procuring the presence of accused Nos. l and 2. On 10.8.2007, accused Nos. l and 2 were ordered to be served by way of non-bailable warrants for 26.10.2007. Thereafter, various orders were passed and on 23.2.2010, accused Nos. l and 2 were again ordered to be served through non-bailable warrants for 29.3.2010. On 20.4.2010, accused Nos. l and 2 were ordered to be call

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