D. K. Mehta v. Shri S. B. Sarkar

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Cr.M.P. No.1113 of 2015 D. K. Mehta Aged About 58 Years Vice President (Works), J.K. Laxmi Cement R/o Malpurikhurd Khasdih, Ahirwara, Tahsil Dhamdha, District Durg, Chhattisgarh.

---- Petitioner

Versus

1. Shri S. B. Sarkar Managing Director M/s Gannon Dunkerley & Co. Ltd. B-226, Okhla Industries Area, Phase 1, New Delhi.

2. A.C. Burman President M/s Gannon Dunkerley & Co. Ltd., C/o M/s J.K. Laxmi Cement Ltd., Malpuri, Khurd Ahirwara, District Durg, Chhattisgarh. 490036

3. Government Through Labour Enforcement Officer (Central, D-6, Aadarsh Society, Sector 1, Avanti Vihar, Raipur, District Raipur, Chhattisgarh.

---- Respondents Shri Sunil Otwani, counsel for the petitioner. Shri NK Vyas, counsel for respondent No.3.

Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 03.3.2016.

At the outset, it is submitted on behalf of the petitioner that he may be permitted to withdraw the instant petition with liberty to file application before the Court below under Section 205 (1) of the Code of Criminal Procedure, 1973 (for short 'the Code') regarding dispensation of personal appearance of the petitioner in the matter and permission to appear through his counsel. It is also prayed that he may be given liberty to file appropriate application regarding maintainability of the matter pending before the Court below. It is also submitted that if the application under Section 205(1) of the Code is allowed, then the Court below may dispose of the application regarding territorial jurisdiction of the Court below as

expeditiously as possible. He further prayed that liberty may also be given to approach before this Court again if any cause survives. 2.

On behalf of respondent No.3 no objection is made. 3.

On due consideration, the instant petition is disposed of without any appreciation on its merits reserving aforesaid all liberties as prayed on behalf of the petitioner.

4.

Petition disposed of.

Sd/- (Chandra Bhushan Bajpai) JUDGE Bini