Amod Prasad Sinha vs The State Of Jharkhand
2023 Latest Caselaw 4378 Jhar

Jharkhand High Court

Amod Prasad Sinha vs The State Of Jharkhand on 1 December, 2023

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

       IN     THE HIGH COURT OF JHARKHAND AT RANCHI
                             Cr.M.P. No. 2321 of 2015
       Amod Prasad Sinha                             .....   ...    Petitioner
                                   Versus
      1. The State of Jharkhand.
      2. Labour Enforcement Officer (Central),
         Chaibasa.                                     ..... ...     Opposite Parties
                                --------

CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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      For the Petitioner        :        Mr. M.B. Lal, Advocate.
      For the State             :        Mr. Rajneesh Vardhan, A.P.P.
                                ------
07/ 01.12.2023     Heard Mr. M.B. Lal, learned counsel appearing for the

petitioner and Mr. Rajneesh Vardhan, learned A.P.P. for the State.

2. This petition has been filed for quashing of the entire criminal proceedings including the order taking cognizance dated 28.03.2000, by which, cognizance for the offence under Sections 23 and 24 of the Contract Labour (Regulation and Abolition) Act has been taken against the petitioner, in connection with C/II Case No. 39 of 2000, pending in the court of learned A.C.J.M., Seraikella.

3. Mr. Lal, learned counsel appearing for the petitioner submits that the co-accused Shri Jayananda Tripathy had moved before this court in Cr.M.P. No. 4802 of 2001, which was allowed by order dated 16.07.2014 and the entire criminal proceedings and the order taking cognizance were quashed. He submits that the petitioner is the Assistant Security Officer of the Indian Oil Corporation Limited and the case of the petitioner is fully covered in light of the said order of this court.

4. Learned A.P.P. for the State submits that the co-accused case has been allowed.

5. It is an admitted position in view of Cr.M.P. No. 4802 of 2001 the co-accused Shri Jayananda Tripathy had moved before this court and the case of the said co-accused had already been allowed by order dated 16.07.2014 considering that the notification, which was the subject matter of the present case, was already quashed by the Hon'ble Supreme Court in the case of Steel Authority of Indian Ltd. & Ors. Versus National Union Water Front Workers & Ors., reported in (2001) 7 SCC 1. The case of the petitioner is fully covered in view of the judgment of the Hon'ble Supreme Court.

6. Accordingly, the entire criminal proceedings including the

order taking cognizance dated 28.03.2000, by which, cognizance for the offence under Sections 23 and 24 of the Contract Labour (Regulation and Abolition) Act has been taken against the petitioner, in connection with C/II Case No. 39 of 2000, pending in the court of learned A.C.J.M., Seraikella, are hereby, quashed.

7. This petition is allowed and disposed of.

(Sanjay Kumar Dwivedi, J.) Amitesh/-