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Sachita Nand Singh And Ors. v. State of Jharkhand And Ors.

Jharkhand HC6 Aug 2024Cr.M.P./160/2006

Case brief

AI extract

What is this about?

S.482 CrPC petition to quash cognizance; S.24 Industrial Disputes Act held not a penal provision; Chief Judicial Magistrate Dhanbad order dated 29.11.2004 quashed and set aside; Industrial Disputes Act Case No.361 of 2004; continuation amounting to abuse of process of law; interim order dated 16.10.2006 vacated; M/s Awaz Prakashan (Pvt) Ltd, Dhanbad; Cr.M.P. allowed.

What did the court decide?

Cr.M.P. No.160 of 2006 allowed; cognizance order dated 29.11.2004 of the Chief Judicial Magistrate, Dhanbad in Industrial Disputes Act Case No.361 of 2004 quashed and set aside against the petitioners; interim order dated 16.10.2006 vacated. ¶25

Sachita Nand Singh And Ors. Vs State of Jharkhand And Ors. — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether Section 24 of the Industrial Disputes Act is a penal provision of law such that cognizance of an offence could lawfully be taken under it by the learned Chief Judicial Magistrate, Dhanbad.

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Court's answer

Section 24 of the Industrial Disputes Act is not a penal provision of law; accordingly, the learned Chief Judicial Magistrate, Dhanbad committed a gross illegality in taking the cognizance of an offence in respect of a provision of law which is not a penal provision.

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Ratio / Principle

The continuation of this criminal proceeding in connection with the order dated 29.11.2004 passed by the learned Chief Judicial Magistrate, Dhanbad in Industrial Disputes Act Case No.361 of 2004 will amount to abuse of process of law.

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Key takeaways

The order dated 29.11.2004 passed by the learned Chief Judicial Magistrate, Dhanbad in Industrial Disputes Act Case No.361 of 2004 is quashed and set aside against the petitioners.ratio¶24

Detailed headnote1 paragraphs

Cr.M.P. No.160 of 2006 (Jharkhand HC, decided 06.08.2024, Anil Kumar Choudhary, J.): Five office-bearers of M/s Awaz Prakashan (Pvt) Ltd, Dhanbad (Chairman, Accounts/Administration Manager, Editor, Advertising Manager, Circulation Manager) invoked S.482 CrPC seeking quashment of the order dated 29.11.2004 of the Chief Judicial Magistrate, Dhanbad taking cognizance, in Industrial Disputes Act Case No.361 of 2004, of an offence punishable under S.24 of the Industrial Disputes Act. Counsel for the petitioners, the State and opposite parties Nos.2 and 3 alike conceded that S.24 IDA is not a penal provision. The Court held that cognizance of an offence in respect of a non-penal provision was a gross illegality and that continuation of the proceeding would amount to abuse of the process of law; it quashed and set aside the order dated 29.11.2004 against the petitioners, allowed the Cr.M.P., and vacated the interim order dated 16.10.2006.

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.160 of 2006

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Sachita Nand Singh, son of Late Ram Narayan Singh, Chairman, M/s Awaz Prakashan (Pvt) Ltd; Hirapur, PO, PS & DistrictDhanbad;

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Ajay Trivedi, son of Shri Narottam Trivedi; Manager Account (Admn.) M/s Awaz Prakashan (Pvt) Ltd; Hirapur, PO, PS & DistrictDhanbad;

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Gyaneshwar Sharan Srivastava, son of Late Kali Charan Lal, Editor of M/s Awaz Prakashan (Pvt) Ltd; Hirapur, PO, PS & District- Dhanbad;

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Awadhesh Kr. Sinha, Son of Shri Sidheshwar Prasad; Advertising Manager of M/s Awaz Prakashan (Pvt) Ltd; Hirapur, PO, PS & District- Dhanbad;

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Arun Kumar Prabhakar, son of late Chaman Lal Prabhakar; Circulation Manager of M/s Awaz Prakashan (Pvt) Ltd; Hirapur, PO, PS & District- Dhanbad; … Petitioners

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Versus

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The State of Jharkhand

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Labour Superintendent-cum-Conciliation Officer, Dhanbad, PO, PS & Dist- Dhanbad;

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Miss Archana Sinha, D/o not known to the petitioners resident of Gyan Mukherjee Road, Opposite Mourya Hotel, Hirapur, PO, PS & … Dist- Dhanbad; Opposite Parties

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------ For the Petitioners : Mr. M. B. Lal, Advocate For the State : Mr. Bhola Nath Ojha, Spl.P.P. For the O.P. No.2 : Mr. Bhola Nath Ojha, Spl.P.P. For the O.P. No.3 : Mr. Mrinal Kanti Roy, GA I ------

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P R E S E N T

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HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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Cr. M.P. No.160 of 2006

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By the Court:- Heard the parties.

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This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the order dated 29.11.2004 passed by learned Chief Judicial Magistrate, Dhanbad in Industrial Disputes Act Case No.361 of 2004 by which the learned Chief Judicial Magistrate, Dhanbad has taken cognizance of the offence punishable under Section 24 of the Industrial Disputes Act and the said case is now pending before the learned Judicial Magistrate, Dhanbad.

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Learned counsel for the petitioner submits that the Section 24 of the Industrial Disputes Act is not a penal provision of law, hence, the learned Chief Judicial Magistrate, Dhanbad has committed a grave illegality by taking cognizance of the said offence.

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Learned Spl.P.P. appearing for the State and the learned counsel for the opposite party Nos.2 and 3 fairly submit the Section 24 of the Industrial Disputes Act is not a penal provision of law.

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Under such circumstances, this Court has no hesitation in holding that the learned Chief Judicial Magistrate, Dhanbad has committed a gross illegality in taking the cognizance of an offence in respect of a provision of law which is not a penal provision of law. Accordingly, this Court is of the considered view that the continuation of this criminal proceeding in connection with the order dated 29.11.2004 passed by learned Chief Judicial Magistrate, Dhanbad in Industrial Disputes Act Case No.361 of 2004 will amount to abuse of process of law.

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Cr. M.P. No.160 of 2006

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Accordingly, the order dated 29.11.2004 passed by learned Chief Judicial Magistrate, Dhanbad in Industrial Disputes Act Case No.361 of 2004, is quashed and set aside against the petitioners.

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