IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 13067 of 2016 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE J. C. DOSHI ==========================================================

Approved for Reporting Yes No ==========================================================

M.PRABHAKAR RAO S/O M.VENKATA RAMAIAH Versus STATE OF GUJARAT & ANR.

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Appearance:

MR PC KAVINA, SR. ACVOCATE WITH MR VAIBHAV A VYAS(2896) for the Applicant(s) No. 1 NOTICE SERVED for the Respondent(s) No. 2 MR SOHAM JOSHI, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 17/02/2025

ORAL JUDGMENT

1. This petition under section 482 of Cr.P.C. seeks following reliefs in para 7:-

"(A) Quash and set aside the Criminal Case No.74 of 2011 as against the petitioner pending before the Court of learned JMFC, Idar, District Sabarkantha and all the consequential proceedings and (B) Pending admission and final dipsoal of this petition, the Hon'ble Court may be pleased to stay Criminal Case No.74 of 2011 as against the petitioner pending before the Court of learned JMFC, Idar, District Sabarkantha and /or (C) Award the cost of this petition (D) Grant any other relief or pass any other order which the Hon'ble Court may consider as just and proper in the facts and circumstances of the case."

2. Brief facts of the case are as under :-

2.1. That on 14.09.2010, complainant has visited the branch of Company and had asked certain information from concerned officer of the company. However, the concerned officer of company failed to provide required information within the limit and thereby there was breach of section 20(2)(c) of the Inter State Migrant Workmen (Regulation of Employment and conditions of service) Act, 1979. Accordingly, complaint came to be registered against the company and General Manager of company, wherein, present petitioner is also arrayed as one of the accused.

3. Heard learned Senior Advocate Mr.P.C.Kavina with learned advocate Mr.Vaibhav Vyas for the petitioner and learned APP Mr.Soham Joshi for the respondent State.

4. Learned advocate Senior Mr.Kavina for the petitioner submitted that offence is registered under section 24(2) of the Inter State Migrant Workmen (Regulation of Employment and condition of service) Act, 1979 (for short "the Act"). He would refer to facts of the case and submit that according to case of prosecution, Labour Officer registered complaint against Nuziveedu seeds Private Ltd. situated at Idar, Sabarkanta. It is submitted that on 14.09.2010 complainant has asked information of Inter state migrants workmen working in the private limited company but person in charge of said private limited company did not provide necessary details of the same and as such offence under section 20(2)(c) of the Act has been committed. Referring to section 20(2)(c) read with section24(2), learned Senior Advocate Mr.Kavina would submit that even if complaint is read in its entirety, it shows offence against General Manager of the company. Present petitioner is Director of the private limited company, who was never present on the spot when Labour Officer visited factory premises. He would further submit that looking to phraseology of section 20(2)(c) read with section 24(2) of the Act, it is person centric offence and therefore, present petitioner who is Director of Nuziveedu Seeds Private Limited cannot be vicariously liable for the offence. It is submitted that it is abuse of process of law and therefore, complaint may be quashed.

4.1. Upon above submission, it is submitted to allow the petition and granted relief as prayed for.

5. Learned APP Mr.Soham Joshi for the respondent State would submit that pursuant to visit made by Labour Officer, notice was issued to the Nuziveedu seeds Pvt. Limited on 14.09.2010. It is submitted that since notice was not complied by