JUDGMENT 1. - Heard learned Public prosecutor for the state and perused the impugned order. 2. The learned Magistrate was justified in upholding the preliminary objection raised by the accused persons.The preliminary objection was to be effected that such commercial establishments and shops are excluded from the operation of Rajasthan Shops & Commercial establishment Act, 1950 which are atteched to the factory.The case of the accused persons was that their establishment is a factory and is governed by the factory Act, 1948 and the employees derive benefit under that Act, withdrawal of notice issued under section 206 Cr.PC would mean that the accused persons are discharged as no offence arises against them under the said 1958, Act. 3. In my opinion this appeal has no force so it is hereby dismissed.Appeal dismissed. *******