✦ Patna High Court

BALKRISHNA BHALOTIA v. THE STATE OF BIHAR & Anr.

JUDICATURE AT PATNA CR.MISC No. 47864 of 2007NAVIN SINHA

Case at a glance

Bench
NAVIN SINHA

Outcome

Allowed

The application is allowed

Provisions considered

Judgment

Heard learned counsel for the petitioner and learned counsel for the State. The petitioner questions his prosecution under Section-22A of the Minimum Wages Act and the consequent order of cognizance dated 9.3.2007 of the Chief Judicial Magistrate, Jamui in Case No.27- C/2/2007. Learned counsel for the petitioner submits that as per Section-22B of the Minimum Wages Act, 1948 (hereinafter referred to as the Act) read with Section-22B(2)(b) of the Act the complaint was required to be made within six months from the date that the offence is alleged. The complaint alleges the offence on

21.8.2006. From the order of the court below he submits that the prosecution report was submitted beyond period of limitation on 9.3.2007. Learned counsel for O.P. No.2 submits that the prosecution report was, in fact, dated 15.2.2007 as mentioned on the face of it which was within limitation. The order of the court below dated 9.3.2007 2 in the opening lines itself says “received prosecution report”. That leaves no room for doubt that the prosecution report was, in fact, submitted in court on

Operative part

9.3.2007 beyond the period of limitation. The date which the opposite party may have put on the prosecution report and retained the same with himself cannot come to his aid to save the limitation. In view of the statutory bar, as noticed above, this Court holds that the entire prosecution under Section-22 of the Minimum Wages Act in Case No.27-C2/2007, pending before Chief Judicial Magistrate, Jamui is barred by limitation and is not sustainable in law. It is accordingly quashed. The application is allowed. KC ( Navin Sinha, J.)

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: The application is allowed

Which statutory provisions did this judgment involve?

Minimum Wages Act.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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