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2025 DIGILAW 1864 (JHR)

Tata Pigment Limited, Jamshedpur represented through Dinesh Agarwal v. State of Jharkhand

2025-09-10

ANIL KUMAR CHOUDHARY

body2025
JUDGMENT : Anil Kumar Choudhary, J. 1. Heard the parties. 2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of B.N.S.S. with a prayer to quash the entire criminal proceeding including the order dated 07.06.2023 passed in Complaint Case No. 3031 of 2023 by the learned Chief Judicial Magistrate, Jamshedpur whereby and where under, the learned Chief Judicial Magistrate, Jamshedpur has found prima facie case for the offence punishable under Section 24/26 of Contract Labour (Regulation and Abolition) Act, 1970 against one Ram Narayan Upadyay and the Plant Head of the petitioner. 3. It is submitted by the learned counsel for the petitioner that the petitioner has prayed for quashing of the said order in respect of the plant head of the petitioner only. 4. Relying upon the judgment of this Court in the case of M/s. Steel Authority of India Limited (R.M.D.) vs. The State of Jharkhand & Anr. reported in 2024: JHHC : 16072, it is submitted by the learned counsel for the petitioner that therein this Court reiterated the settled principle of law that summons in a criminal case to face trial cannot be issued against positions or post as a post is not a juridical person. It is next submitted by the learned counsel for the petitioner that as has been averred in paragraph no. 6 of this criminal miscellaneous petition that there is no post/designation in the name and style “Plant Head” of the petitioner company. Hence, it is submitted that the prayer as prayed in this criminal miscellaneous petition be allowed; as plant head is a post and not a person. 5. Learned Addl. P.P. appearing for the State does not dispute that there is no designation as “Plant Head” of the petitioner company and submits that complainant could not have collected the name of the relevant person. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed. 6. Having heard the submissions made at the Bar and after going through the materials in the record, it is pertinent to mention here that it is a settled principle of law that summons in a criminal case to face trial cannot be issued against positions or post as a post is not a juridical person. 7. 6. Having heard the submissions made at the Bar and after going through the materials in the record, it is pertinent to mention here that it is a settled principle of law that summons in a criminal case to face trial cannot be issued against positions or post as a post is not a juridical person. 7. Now coming to the facts of the case, even assuming for the sake of argument, that there is a post named as “Plant Head” of the petitioner company, the said post is not a juridical person. Further, the contention of the petitioner, in paragraph no.6 of this criminal miscellaneous petition that there is no post of plant head of the petitioner company, the same has remained undisputed. 8. Under such circumstances, this Court is of the considered view that continuation of the criminal proceeding against the plant head of the petitioner company will amount to abuse of process of law and therefore, this is a fit case where the entire criminal proceeding including the order dated 07.06.2023 passed in Complaint Case No. 3031 of 2023 by the learned Chief Judicial Magistrate, Jamshedpur be quashed and set aside so far as the plant head of the petitioner is concerned; while maintaining the same so far as the co-accused namely Ram Narayan Upadyay. 9. Accordingly, the entire criminal proceeding including the order dated 07.06.2023 passed in Complaint Case No. 3031 of 2023 by the learned Chief Judicial Magistrate, Jamshedpur is quashed and set aside so far as the plant head of the petitioner is concerned. 10. In the result, this criminal miscellaneous petition is allowed to the aforesaid extent only. 11. The interim relief granted earlier vide order dated 09.04.2025 is vacated. 12. Registry is directed to intimate the court concerned forthwith.