Rongon Mukhopadhyay, J. - (1.)Heard Mr. A.K. Mehta, learned counsel for the petitioner and Mr. Laxman Kumar, learned counsel for O.P. No. 2.
(2.)In this application, the petitioner has prayed for quashing of the entire criminal proceeding in connection with Complaint Case No. 347 of 2003 including the order dated 23.12003, passed by the learned Chief Judicial Magistrate, Chatra, whereby and where under cognizance has been taken for the offence under section 23 of the Contract Labour (Regulation & Abolition) Act, 1970. (Hereinafter referred to as the Act)
(3.)A complaint was filed before the learned Chief Judicial Magistrate, Chatra wherein it was alleged that the accused nos. 1 and 2 had approved the removal of overburden and loading of coal at Ashoka Project, Piparwar Area of M/s Central Coalfields Limited by engaging contract labours prohibited by the Government of India, Ministry of Labour vide Notification No. S.O.2063 dated 2nd July, 1988. In the said complaint being Complaint Case No. 347 of 2003, cognizance was taken by the learned Chief Judicial Magistrate, Chatra on 19.12.2003 under section 23 of the said Act.