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CALCUTTA HIGH COURT
Uday Kumar, J
Shri Ramji Tewari – Appellant
Versus
The State of West Bengal – Respondent
| Table of Content |
|---|
| 1. introduction of the petition and the nature of the complaint. (Para 1 , 2) |
| 2. arguments regarding limitation and necessity of joining the company. (Para 4 , 5) |
| 3. central question on legal sustainability of proceedings. (Para 8 , 9) |
| 4. critical examination of statutory limitations. (Para 11 , 12) |
| 5. essential requirement of including the company in prosecutions. (Para 13 , 14) |
| 6. conclusion regarding flaws in prosecution. (Para 17) |
| 7. final ruling and outcome. (Para 18 , 19) |
UDAY KUMAR, J.: –
Introduction:
1. The petitioner, Shri Ramji Tewari, the Principal General Manager of the BSNL Telecom Factory has approached this Court invoking its inherent powers under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973 , sought for the quashing of the criminal proceedings initiated against him in Complaint Case No. C-185 of 2022, currently pending before the learned Chief Judicial Magistrate, Alipore, South 24 Parganas. The petitioner is the sole accused, a fact that lies at the heart of this dispute.
2. The complaint, based on an inspection conducted by the Labour Enforcement Officer, Respondent No. 2, on August 19, 2021, alleged certain breaches of the Co
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