Prasanta Kumar Saikia, J.

1. This criminal petition is directed against the order dated 03.10.2008 and all other subsequent orders passed in CR Case No. 56C of 2008, as far as accused No. 2/ Petitioner is concerned, now, pending in the Court of Judicial Magistrate First Class, Margherita. I have heard Mr. D. Baruah, learned counsel for petitioner as well as Mr. B. J. Dutta, learned Addl. Public Prosecutor, Assam and Mr. S. Sarma, learned counsel for respondents.

2. The brief facts, necessary for disposal of the proceeding, are that the petitioner herein is one of the Directors of McLeod Russel India Limited, Kolkata, (WB), herein after referred to as Mcleod Limited, which has various tea gardens in India and abroad. The Tea Estate under the name and style of Bogapani Tea Estate, situated at Digboi, Assam is one of such gardens owned by aforesaid Mcleod Ltd.

3. The company has appointed a Manager to conduct the business of Bogapani Tea Estate and such Manager is responsible for running the plantation business. It is stated that the Directors of Mcleod Ltd. have no direct control over the day-to-day affairs of the tea gardens owned and managed by the Mcleod Limited.

4. In the pet