JUDGMENT :

1. Heard Mr. Alok Anand, the learned counsel for the petitioner, Mr. Shailesh Kumar Sinha, the learned counsel for the respondent State and Mr. Sunil Kumar, the learned counsel appearing for the O.P.No.2.

2. This petition has been filed for quashing of the entire criminal proceeding including the order taking cognizance dated 21.01.2011 passed by the A.C.J.M., Rajmahal, in connection with O.C.R. No.06 of 2011 for the alleged commission of offence under section 22-A of the Minimum Wages Act, 1984 and the Rules, pending in the court of learned Sub Divisional Judicial Magistrate, Rajmahal.

3. The case was registered alleging therein on a complaint filed by the complainant Labour Enforcement Officer (Central), Bhagalpur I/C of Pakur under section 22-A of the Minimum Wages Act, 1948 and Rules alleging inter alia that the accused named therein engaged workers in providing unarmed security guards at Tata Indicom Tower, Duhwa and on inspection of the said establishment on 9.7.2010, a number of delinquencies on the part of the employer were detected with respect to which, an inspection report cum show cause notice as contained in letter no.26(111)/2010-PKR dated 20.10.2010 was sent