Judgment DALJIT SINGH DHALIWAL, J. 1. The petitioners herein prayed for quashing of the order dated 7-6-1988 passed by the Chief Judicial Magistrate Hazaribagh, in G. R. Case No. 123 of 1988 whereby he took cognizance for offence punishable under Section 7(1) (2, a, i) of the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959. The further prayer for the petitioners is that the entire criminal case be quashed. 2. Heard both sides. The petition is bound to succeed for the simple reason that the provisions of Employment Exchange (Compulsory Notification of Vacancies) Hereinafter referred to as the Act) are not applicable to the petitioner No. 1 Admittedly M/s. Chhotanagpur Chemicals and Industries Private Limited (petitioner No. 1) is a private concerned. Section 2(g) of the Act defines the "establishment in private sector as follows : "Establishment in private sector" means an establishment which is not an establishment in public sector and where ordinarily tewenty five or more persons are employed to work for remuneration". In the complaint it is nowhere, alleged that on the date, the inspection of the establishment was carried out by the Employment Officer Enforcement (opposite party No. 2) the said establishment had in its employment twenty five or more persons. Annexure-2 is the Licence granted to the petitioner No. 1 by the Government of Bihar. It is clearly stipulated there in that the maximum number of workers permitted to be employed by the petitioner No. 1 on any one day is 20 (twenty) only. This being the situation. M/s. Chhotanagpur Chemicals and Industries Private Limited (petitioner No. 1) was not establishment in Private Sector as defined in Section 2 (g) of the Act and as such the petitioner can by no stretch of imagination can be said to have committed an offence under Section 7 (1) (2, a, i) of the Act, The order taking cognizance as well as the criminal prosecution of petitioners springing therefrom, therefore, cannot be sustained, being an abuse of the process of law. 3. In the result the petition is allowed. The impugned order taking cognizance dated 7-6-1988 as well as the criminal prosecution petitioners arising out of G. R. Case No. 123 of 1988 are hereby quashed.