ASHISH SRIVASTAVA AND ANOTHER Vs. STATE OF UTTARAKHAND AND ANOTHER
LAWS(UTN)-2012-9-136
HIGH COURT OF UTTARAKHAND
Decided on September 05,2012

Ashish Srivastava And Another Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

- (1.) This petition challenges proceedings of criminal case no. 4088 2006 titled as 'State Vs. Ashish Srivastava and others' and also the order of cognizance dated 15.12.2006 passed by the Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar.
(2.) Facts of the case, in brief, are that a factory titled as M/s Mahindra and Mahindra Ltd., Lalpur, Kichha Road, Rudrapur was inspected by respondent no. 2 P.C. Tiwari, Labour Enforcement Officer, having jurisdiction over the area and found that for various jobs contract labours were engaged in the factory. The engagement of contract labour in the factory was prohibited by the Notification issued by Government under Section 10 of the Contract Labour (Regulation and Abolition) Act (Act No. 37 of 70), so he filed a complaint whereupon learned Magistrate straightaway issued summon to accused persons asking them to stand trial and put their presence on 15.01.2007 in the Court. This order is impugned in this petition.
(3.) Learned counsel for the applicants has argued that this complaint is time barred, in view of Section 27 of the Act, which envisages as under: "No court shall take cognizance of an offence punishable under this Act unless the complaint thereof is made within three months from the date on which the alleged commission of the offence came to the knowledge of an inspector.";


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