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2022 Supreme(Jhk) 755

SANJAY KUMAR DWIVEDI
Ravi Kant S/o Late Rajni Kant – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: V.P. Singh, Arun Kumar Singh, Amit Kumar Das, Rashmi Kumar.
For the Respondent: Shiv Shankar Kumar.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. V.P. Singh, learned senior counsel assisted by Mr. Arun Kumar Singh, Mr. Amit Kumar Das and Mrs. Rashmi Kumar, learned counsel for the petitioners and Mr. Shiv Shankar Kumar, learned counsel for the State.

2. This petition has been filed for quashing the entire criminal proceeding in connection with C/2 Case No. 2213 of 2005 including the order dated 08.06.2005 passed by the learned Chief Judicial Magistrate, Jamshedpur, whereby, cognizance has been taken against the petitioners for the offences punishable u/s 10(1) of the Contract Labour (Regulation & Abolition) Act, 1970 (hereinafter to be referred to as the Act), pending in the court of the learned Sub Divisional Judicial Magistrate, Jamshedpur.

3. A written complaint was filed by the opposite party No. 2 on 30.05.2005 in the capacity of Labour Superintendent-cum-Inspector, Jamshedpur in which it was stated that M/s. Tata Motors Ltd. Jamshedpur is a factory registered under the Factories Act, 1948. It has further been stated that in terms of Govt. Notification No. 1721 dated 31.12.1977 the contract labour was banned in Telco Limited since renamed as M/s. Tata Motors Ltd. An enquiry wa

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