JUDGMENT : B.K. Behera, J. - This Application u/s 482 of the Code of Criminal Procedure has been made to quash the proceedings in B.L.S.A. Case No. 16 of 1980 against the Petitioner for his prosecution under the Bonded Labour System (Abolition) Act, 1976 (for short, the 'Act'). Mr. Y.S.N. Murty for the Petitioner has submitted that the criminal proceedings against the Petitioner are unfounded and misconceived as no offence punishable under the Act has been made out. The opposite party has not entered appearance in spite of service of notice. I have heard Mr. S.K. Das, the learned Additional Standing Counsel, who has assisted this Court at the hearing. 2. On August 28, 1980, the Sub-divisional Officer and Magistrate, First Class, Rayagada, who is said to have been empowered under the Act as the Judicial Magistrate of the First Class for the trial of the cases under the Act, passed the following order: Received a letter at 28-8-1980 from the Officer on Special Duty, Reg. 2/56, Rayagada. Perused the letter. It is alleged that one Gedala Sankaram of village Kottapeta is an opposite party in a case of Reg. 2/56 vide Case No. OSATIP 172/79, in the court of the Officer on Special Duty, Reg. 2/56. Rayagada. It is stated that said Sankaram Naidu had paid a sum of Rs. 1000/- (Rupees one thousand) only to one Kadraka Ghasi of Bataparsi in K. Singhpur P.S. He has collected the produce grown on Plot No. 197/206. Khata No. 20/5, over an extent of Ac. 1.95 towards the interest. Likewise he enjoyed the crop for 7 years. Besides he also collected in cash of Rs. 100/-. During the year 1975 he took one buffalo towards the principal amount since there was failure of crop during the year. Kadraka Ghasi is reported dead and his son Kadraka Surana is alive in the village Bataparasi in K. Singpur P.S. Gedela Sankaram S/o G. Appalaswamy of Kottapeta in Rayagada P.S. has thus contravened the provisions of BLSA Act. Cognizance taken u/s 2(g)(4) of B.L.S.A. Act, 1976. Issue notice to Kadraka Surana S/o Late Kadraka Ghasi, village Batparsi in K. Singpur P.S. being the complainant and summon the accd Gedela Sankaram S/o G. Appalaswamy of Kottapeta in Rayagada P.S. by fixing the case to 11-9-1980. Sd/- G.C. Pati 28-8-1980 S.D.O. & M.F.G. Rayagada. Cognizance taken u/s 2(g)(4) of B.L.S.A. Act, 1976. Issue notice to Kadraka Surana S/o Late Kadraka Ghasi, village Batparsi in K. Singpur P.S. being the complainant and summon the accd Gedela Sankaram S/o G. Appalaswamy of Kottapeta in Rayagada P.S. by fixing the case to 11-9-1980. Sd/- G.C. Pati 28-8-1980 S.D.O. & M.F.G. Rayagada. It is, indeed, unfortunate that the learned Magistrate has recorded that cognizance had been taken by him u/s 2(g)(iv) of the Act as Section 2(g) defines 'bonded labour system'. The penal provisions are contained in Sections 16 to 20 of the Act. The learned Magistrate ought to have realised that cognizance could be taken of an 'offence' and not of a 'definition'. There is no allegation whatsoever that the Petitioner had compelled any person to render any bonded labour. The impugned order would indicate that an advance had been given earlier to the commencement of the Act. For the aforesaid reasons, I am of the view that the criminal proceedings against the Petitioner are wholly illegal and grossly misconceived. In order to prevent an abuse of the process of the Court, it is a fit case in which this Court is to set at naught the impugned order in exercise of its powers u/s 482 of the Code of Criminal Procedure. 3. In the result, the application is allowed and the criminal proceedings against the Petitioner in B.L.S.A. Case No. 16 of 1980 are quashed. Final Result : Allowed