B. N. Kapil Alias Vijyendra Nath Kapil v. State Of Bihar
1991-12-04
OM PRAKASH
body1991
DigiLaw.ai
Judgment OM PRAKASH, J. 1. Heard learned Counsel for the petitioners and the State. The learned Counsel for the State is also representing opposite party No. 2. It appears from this complaint that offence was committed on 25-6-1990 2. in respect of an offence punishable under Section 22-A of the Minimum Wages Act. It further appears from Annexure-2 that learned Chief Judicial Magistrate took cognizance of the offence on 19-3-1991. 3. Section 22-B (2) (b) lays down that "no Court shall take cognizance of an offence punishable under Section 22-A of the Act unless complaint thereof is made within six months of the date on which the offence is alleged to have been committed." 4. In the instant case from the perusal of Annexures-1 and 2 it is clear that cognizance has been taken in respect of an offence punishable under Section 22-A of the Act after expiry of the statutory period of six months. 5. In the above circumstances, the impugned order cannot be sustained and it is to be set aside. The proceeding against the petitioners in case No. C-III 104/91 pending in the Court of Sri K. K. Mehta, Judicial Magistrate, Ranchi are hereby quashed.The application is disposed of as above.