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High CourtsSingle Bench(2011) 09 PAT CK 0054

Abhijit Kumar vs The State of Bihar and Dinesh Kumar

Patna High Court · Decided on 29 September 2011

HON’BLE JUDGES
Gopal Prasad, J
RESULT
Dismissed
CASE NUMBER
Criminal Appeal (U/S) No. 22 of 1998
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Judgment

5 paragraphs · 215 words

Gopal Prasad, J.—Heard.

2.

This appeal is directed against the order of acquittal dated 07.10.1996 passed by Shri Arunendra Singh, Judicial Magistrate - Ist Class, Patna in Complaint Case No. 14(M) 95 / Tr. No. 348 of 1996 for the offence u/s 22-A of the Minimum Wages Act, 1948.

3.

The case proceeded on the complaint of the Labour Enforcement Officer (Central), Patna for the offence u/s 22-A of the Minimum Wages Act. On the appearance of the accused, the contents of charge read over and explained. However, one witness examined in this case who is the complainant and witness examined on behalf of the defence as D.W. 1 and D.W. 2.

4.

The trial court acquitted the Respondent as the prosecution has not produced any material to support the prosecution case and the defence has adduced evidence that no work as alleged was ever allotted to him.

5.

From perusal of the records itself, it appears that it is a case of no evidence as no one appears before the court to say that minimum wage was given to him and the accused has not given minimum wage. Hence, I do not find any merit to interfere with the order of acquittal recorded by the learned lower court. This criminal appeal is hereby dismissed.