Court No. - 90
Case :- APPLICATION U/S 482 No. - 13938 of 2007 Applicant :- Sita Ram Arora Opposite Party :- State of U.P. and Another Counsel for Applicant :- Y.K.Sinha,Akshat Sinha Counsel for Opposite Party :- Govt. Advocate
Hon'ble Om Prakash Tripathi,J.
Heard learned counsel for applicant and learned A.G.A. for State.
This application u/s 482 Cr.P.C. has been filed by applicant with a prayer to quash and set aside the proceeding of Complaint Case No. 4785 of 2003 (State Vs. Sita Ram Arora) under Section 22A of the Minimum Wages Act 1948 including summoning order dated 02.06.2003 pending before the Chief Judicial Magistrate, Meerut.
From the perusal of order dated 26.06.2007 further proceeding in Complaint Case No. 4785 of 2003 shall remain stayed.
Learned counsel for applicant relied order passed on application u/s 482 No. 41617 of 2019 vide order dated 11.11.2020, it has been opined that summoning order is not passed in a proper way. There should be proper application of mind by the concerned Magistrate. The argument has forced and keeping in mind law laid down in Application u/s 482 No. 41617/2019 dated 11.11.2020. Impugned order was passed only with the help of stamp. No application of mind appears.
Accordingly, the instant application u/s 482 Cr.P.C. is allowed and the summoning order dated 02.06.2003 passed by Chief Judicial Magistrate, Meerut in Criminal Complaint Case No. 478 of 2003 is set aside.
Learned Magistrate concerned is directed to pass a fresh summoning order in accordance with law after hearing accused within a period of three months from the production of certified copy of this order.
Order Date :- 29.10.2021 Sharad/-