JUDGMENT

P. K. TRIPATHY, J. — Both the petitioners are the accused persons in G. R. Case No. 94 of 1998 of the Court of J. M. F. C., Kantabanji. In that case learned Magistrate took cognizance of the offence under Sec. 367, I.P.C. read with Section 25 of the Inter-State Migrant Workmen (Regulation of Employment and Condi¬tion of Services) Act, 1979 (in short ‘the Act 1979’). Petition¬ers moved an application in the Court below to recall that order of cognizance on the ground of absence of prima facie case. That application having been rejected by learned J.M.F.C. as per the impugned order dated 21.3.2001 petitioners have moved this appli¬cation under Sec. 482, Cr.P.C.

2. At the stage of argument, Mr. D. P. Dhal, learned counsel for the petitioner has confined his prayer to quash the order of cognizance with respect to the offences under Sec. 367, I.P.C. He argues that though the offence under Sec. 25 of the Act, 1979 is also not absolutely made out but there being an arguable point, petitioners shall raise such issue in the trial Court at the time of trial. He argues that so far as the offence under Sec. 367, I.P.C. is concerned, a case of kidnapping or abduction for slavery having