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2005 Supreme(Gau) 617

I.A.ANSARI
Sawarmal Agarwalla – Appellant
Versus
State of Assam – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: A.K. Bhattacharjee and U. Baruah, Advs.
For Respondents/Defendant: B.R. Dey Adv. and K.K. Nandi, S.C.

JUDGMENT

I.A. Ansari, J.

1. By making this application under Section 482, Cr.P.C. the petitioner, who is accused in CR case No. 1589 (C)/1994 of the Court of learned Chief Judicial Magistrate, Kamrup, has approached this Court with prayer to get quashed the complaint, which has given rise to the CR case No. 1589(C)/1994 aforementioned, and also to get set aside an quashed the order, dated June 27, 1995, passed therein directing issuance of warrant of arrest against the accused-petitioner.

2. The material facts and various stages, which have led to the present revision, may, in brief, be set out as follows:

Shri D.N. Das, an Inspector, appointed Under the Employees' State Insurance Act, 1948, (hereinafter referred to as 'the ESI Act'), instituted a complaint on behalf of the Employees State Insurance Corporation (in short, 'the Corporation'), which gave rise to CR Case No. 1589(C)/1994 aforementioned, the case of the complainant being, in brief, thus. The present accused-petitioner, namely, Sawarmal Agarwalla is the owner of a factory, which is run under the name and style of Assam Rolling Mill, Chapaguri Road, district Bongaigaon, the said factory being covered under the ESI Act, 1948.






















































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