1. Heard learned counsel for the petitioner and learned counsel for the Respondents.

2. This Criminal Writ bearing No.433 of 2010 has been filed by the petitioner with a prayer for quashing the entire prosecution case being OCR Case No.185 of 2009/T.R. Case No.682 of 2009, pending in the court of learned C.J.M., Pakur, initiated upon the written complaint made by the Labour Enforcement Officer-cum-Inspector, Minimum Wages Act, 1948 against the petitioner for committing the offence punishable under Section 22(A), 22(a) of the Minimum Wages Act, 1948, for committing irregularities as mentioned in the prosecution report and further to quash the order dated 22.12.2009, passed by the learned C.J.M., Pakur, whereunder on the basis of the complaint, cognizance has been taken against the petitioner and summons was issued to the petitioner.

3. The fact giving rise to the present case is as follows : –

That one Kameshwar Prasad, the Labour Enforcement Officer, Pakur Sadar Anchal, Pakur, gave a written report (official complaint) before the court of learned CJM, Pakur, alleging therein that the petitioner (Mustak Ahmad) is the proprietor of Stone Crusher situated in Village-Ranipur, Mauza-Ramchandrapur and he was directed to produce the register appertaining to minimum wages, attendance register and muster rolls maintained under the provisions of the Minimum Wages Act.

4. Vide office Memo No.52, dated 25.02.2009, the petitioner failed to produce the aforesaid documents which amounts to contravention of Provisions of Section 22(A) and 22(a) of the Minimum Wages Act, so cognizance be taken.

5. Perused the prosecution report, it appears that on the aforesaid petition/complaint made on 30.10.2009, cognizance of the offence was taken by the learned CJM, Pakur under the aforesaid Sections of the Minimum Wages Act.

6. This Criminal Writ was filed on 08.10.2010. Thereafter under order dated 19.11.2011, learned counsel for the State sought time to file counter-affidavit. It further appears that under order dated 17.06.2016, the matter was released to be put up before another Bench and under order dated 29.06.2016, Hon'ble the Chief Justice directed it to be listed on 09.09.2016 before this Bench. Vide order dated 21.10.2016, Lower court records was called for and thereafter counter-affidavit was filed on 16.12.2011 on behalf of the State through J.C. to S.C.II and the matter was heard on 25.08.2017 and the order was reserved.

7. Learned counsel while assailing the impugned order submitted that the entire prosecution as well as the order taking cognizance is fit to be quashed. He further submitted that the inspection was made by the Labour Enforcement Officer on 23.02.2009 at 3.10 p.m. and during which the following irregularities were found :-

'The payment Register under 'Jharkhand Minimum Wages Rules, 2000’, and Muster Roll/Attendance Register were not produced and at the same time, the Paschim Patra of Labour and Employees were not produced, which are in violation of Rule 26(1) 26(5) & 26(5)(A) of the 'Jharkhand Minimum Wages Rules, 2000 and accordingly, vide Letter No.175 dated 05.07.2009, the aforesaid Labour Enforcement Officer, Pakur Sadar Circle, Pakur, sought sanction from the Labour Superintendent (Agriculture-Labour), Sahibganj, for prosecuting the petitioner and other employers for contravening Section 18 of the Minimum Wages Act, 1948 as well as Rule 26(1) 26(5) & 26(5) (A) of the 'Jharkhand Minimum Wages Rules, 2000'.

8. It has further been submitted that on the basis of the aforesaid letter of request of the Labour Enforcement Officer, Pakur Circle, Pakur, the Respondent -Labour Superintendent forwarded the matter to the Assistant Commissioner, Santhal Pargana Division, Dumka who in its turn vide official order No.25, Dumka dated 10.10.2009 accorded sanction for prosecuting the petitioner for the offences punishable under Sections 22(A), 22(a) of the Minimum Wages Act, 1948.

9. It was further submitted that after grant of sanction for