Patna High Court
M.k Deshpande @ S.k DeshpandeyversusThe Union Of India Through Labour Enforcement Officer Central Patna
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is disposed of on the ground that the proceeding has become infructuous, resulting in the quashing of the criminal case.
Summary
The petitioner, M.K. Deshpande, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash criminal proceedings initiated under Section 6 of the Equal Remuneration Act, 1976. The proceedings stemmed from a prosecution report filed by the Labour Enforcement Officer (Central) and an order of the Chief Judicial Magistrate, Nalanda, taking cognizance and issuing a summons. The petitioner argued that the case had become infructuous and should therefore be disposed of. The Union of India, as the opposite party, raised no objection to the prayer. After hearing both sides, the Court held that, given the lack of objection and the claim of infructuity, the petition should be disposed of, effectively quashing the criminal proceeding.
Issues considered
- Whether the criminal proceeding under Section 6 of the Equal Remuneration Act, 1976 can be quashed under Section 482 Cr.P.C. on the ground that the case has become infructuous.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Equal Remuneration Act, 1976 — s. 6
Subjects
- Section 482 CrPC
- Equal Remuneration Act
- quash petition
- infructuous case
- criminal proceeding
- patna high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59920 of 2018
Arising Out of PS. Case No.-14 Year-2011 Thana- GOVERNMENT OFFICIAL COMP.
District- Patna
======================================================
M.K Deshpande @ S.K Deshpandey, Son of Madhavrao Deshpande, Resident
of No. 52, R.V. Road Basvanagudi, P.S.- Basvanagudi, Bangalore, Executive
Director M/S Vishal Infrastructure Ltd. 52, R.V. Road, Basanvagudi,
Bangalor- 560004.
... ... Petitioner/s
Versus
The Union Of India Through Labour Enforcement Officer (Central), Patna-
800001.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anjani Kumar Jha, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Pandey, Sr. C.G.C.
Mr. Lokesh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 16-03-2026 Heard learned counsel for the petitioner and learned
counsel for Union of India.
2. The present petition has been filed under Section
482 Cr.P.C. for quashing the entire criminal proceeding arising
out of Prosecution report no. 14C2/2011 filed by the Labour
Enforcement Officer (Central) for the offences punishable under
Section 6 of Equal Remuneration Act, 1976 and order dated
10.01.2011 passed by the learned Chief Judicial Magistrate,
Nalanda by which cognizance was taken against the petitioner
under Section 6 of Equal Remuneration Act, 1976 and also
directed for issuance of summon.
3. Learned counsel for the petitioner submits that this
Patna High Court CR. MISC. No.59920 of 2018(2) dt.16-03-2026
2/2
case has become infructuous, accordingly, the same may be
disposed of.
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioners.
5. In view of the submissions of the learned counsels
for the parties, the present case is disposed of having become
infructuous.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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