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1993 Supreme(Gau) 127

U.L.BHAT
Swapan Saha; Rabindra Nath Kanjiwal; Monoranjan Saha – Appellant
Versus
State of Assam; Assistant Labour Commissioner (Central) College Road, Silchar, Assam – Respondent


Advocates Appeared:
A.K.Bhowmik

These are applications filed under sections 401 and 482, Criminal Proce­dure Code (for short 'the Code') seeking to quash proceedings before Executive Magistrate, Silchar, Cachar, Assam. They are filed in this Court because the petitioners are residing in the State of Tripura. By way of abundant caution I, as the Chief Justice of this Court, directed that these cases be beard at Agartala Bench.

2. Separate proceedings have been initiated before the Executive Magis­trate, Silchar, Cachar against the petitioners in each of these cases alleging that they have contravened the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 (for short 'the Act';. The petitioners who received summons form the Court of the Executive Magistrate have filed these petitions.

3. Section 26 of the Act states that no Court shall take cogniznnce of any offence under this Act except on a complaint made by, or with the previous sanction in writing of, the Inspector and 10 Court inferior to that of a Presidency Magistrate or a Magistrate of the First Class shall try any offence punishable under this Act.

4. Section 6 of the Code refers to various classes of criminal Courts, besides the High Court




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