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Judgment
Tirthankar Ghosh, J
This revisional application has been preferred for quashing of the proceedings relating to Complaint Case No. 448C/18 pending before the Learned Judicial Magistrate, 3rd Court, Bankura under Sections 22/22A of the Contract Labour (Regulation and Abolition) Act, 1970.
At the outset, the learned senior advocate appearing for the petitioner submits that he do not want to press the points relating to the viability of the complaint at this stage and press for liberty for taking proper recourse at the appropriate stage.
I have gone through the Order dated 17th April, 2019 passed by the Learned Judicial Magistrate, Bankura wherein the learned court was pleased to keep the application under Section 205 of the Code of Criminal Procedure pending and directed the petitioner to physically appear before the court.
Mr. Ganguly, learned senior advocate appearing for the petitioner submits that the case is based on documents and so far as the provisions of the Code of Criminal Procedure are concerned, the learned Magistrate is to follow the provisions of the summons procedure.
In view of the observations made by the learned Magistrate that he has agreed with the judgement of the Hon'ble Apex Court and insisted on the first day of appearance, I do not think that the same is a proper reading of the said judgement delivered by the Hon'ble Apex Court in (2001) 7 SCC 401.
Accordingly, the Order dated 17th April, 2019 is set aside. The learned Magistrate is directed to consider the application under Section 205 of the Code of Criminal Procedure without insisting upon the first/physical appearance of the petitioner.
With the aforesaid observation, the revisional application being CRR 2458 of 2019 is disposed of.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.