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2024 Supreme(All) 967

SHAMIM AHMED
Union Bank Of India Through Chief Manager Mahendra – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Chandra Shekhar Sinha,Ajay Kumar Singh
For the Opposite Party :Govt. Advocate, Sandeep Sharma

JUDGMENT :

Shamim Ahmed, J.

1. Heard Sri S.B. Pandey, learned Senior Advocate, assisted by Sri Varun Pandey, Advocate and Sri Chandra Shekhar Sinha, Advocate, for the applicant/Union of India as well as Sri Sandeep Sharma, Advocate for the opp. party No. 2 and the learned A.G.A. Sri Ashok Kumar Singh, for the State, and also perused the record.

2. The applicant herein, Union Bank of India, has filed this application under Section 482, Cr.P.C. with the prayer to quash the impugned Criminal Complaint Case No. 18 of 2012 under Section 24 of the Contract Labour (Regulation and Abolition) Act 1970, P.S. Gomti Nagar, District Lucknow, pending in the court of Chief Judicial Magistrate, Lucknow, filed by the Labour Enforcement Officer (Central), Lucknow, and all consequential orders arising thereon.

3. In short, the facts of the case are that the complainant/Labour Enforcement Officer (Central), Lucknow, has filed the impugned complaint with the allegations that the complainant is the Public Servant within the definition of section 21 of 1.P.C. and the complaint is being filed by the complainant in discharge of his official duties and such recording of pre-summoning evidence be dispensed in te

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