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1972 Supreme(Pat) 122

MADAN MOHAN PRASAD
State Of Bihar – Appellant
Versus
Ayodhya Sharma Sudhakar – Respondent


Judgment

1. This appeal under Sec. 417 of the Code of Criminal Procedure (hereinafter referred to as the Code) by the State Government is directed against an order of acquittal under Sec.247 of the Code passed by the Munsif Magistrate of Hazaribagh on the 17th May,1967.

2. It appears that the Superintendent of Labour, Hazaribagh, after receiving authority in this behalf from the State of Bihar filed a complaint against the respondents under Sec.27 of the Industrial Disputes Act for an offence under Sec. 24 read with Sec.23-B of the same Act. The prosecution case was that while an Industrial dispute between the workmen and the management of Indo Shahi Glass Company Ltd. was pending adjudication before tile Industrial Tribunal, the respondents had instigated the workmen and organised and participated in an illegal strike. Cognizance of the offence was taken and the case was transferred to Mr. R. K. Sinha, Magistrate on the 12th October, 1965. Processes were issued and service return was awaited. The case was transferred to a Munsif Magistrate thereafter. After a few dates, the service reports of the summonses issued were received. They were served on two respondents only. They also di















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