IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.954 of 2010 RAM CHANDRA JAI PRAKASH Versus THE STATE OF BIHAR & ANR ----------- 2 8.10.2010 The petitioner prays for quashing the order dated 6.8.2010 passed by the Judicial Magistrate, Patna in Complaint Case No.1136 (C-2)/09 by which he has issued warrant of arrest against the petitioner. The petitioner is at present designated as Vice President of Bata India Limited and posted at the establishment of Bata India Limited in West Bengal. The instant case was lodged by the Labour Superintendent, Patna alleging that the management of Bata India Limited, Bataganj, Digha have not complied with the award made in Reference Case No.17 of 1999 under the Industrial Disputes Act. Thereafter cognizance of offence under section 29 of the Industrial Disputes Act was taken by the Chief Judicial Magistrate by order dated 8.10.2007 and summons was issued to the petitioner. Learned counsel for the petitioner submits that without service of summons, warrant has been issued against the petitioner and he had no knowledge that a complaint has been filed against him. Counsel for the State submits that now the petitioner is aware that summons has been issued against him and as such he should have approached the court concerned. 2 KHAN Having heard counsel for the parties, the order dated 6.8.2010 passed by the Judicial Magistrate Ist Class, Patna in Complaint Case No. 1136 (C-2)/09 issuing warrant of arrest against the petitioner is set aside. As the petitioner is now aware that summons has been issued against him, he should approach the court concerned in accordance with law. No coercive steps would be taken against the petitioner for a period of four weeks. Let this order be communicated to the Judicial Magistrate Ist Class, Patna through fax at the cost of the petitioner. (S.P.Singh,J)