IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47158 of 2007 GULAB CHAND DHARIWAL @ DHAREWA & ANR Versus THE STATE OF BIHAR & ANR ----------- 4/ 30/01/2009. Heard learned counsel for the petitioners and learned counsel for the State as also for O.P. No.2. The petitioner is aggrieved by the order of cognizance dated 4.8.2005 passed by the Chief Judicial Magistrate, Kishanganj in Complaint Case No.845C/01 under Sections-406 and 420 of I.P.C. presently pending before Shri P.D. Gupta, Judicial Magistrate, 1st Class, Kishanganj. Learned counsel for the petitioners submits that from a bare reading of the complaint, as it is, the allegations are that for arrears of certain wages with regard to her son the complainant petitioned the Deputy Labour Commissioner, Purnea and who, by his order dated 10.8.1998, directed payment of the wages and which had been paid in part only. Learned counsel for the petitioners submits that the jurisdiction of the criminal court could not be converted into one of execution proceedings for orders of the Deputy Labour Commissioner for which the remedy was different under the appropriate law with regard to the payment of wages. 2 Learned counsel for the O.P. No.2 found it difficult to oppose the submission that the jurisdiction of the criminal court could not be converted into one of execution proceedings of the orders of the Deputy Labour Commissioner passed in exercise of statutory powers under other laws. In the facts and circumstances of the case, the order of cognizance dated4.8.2005 and the entire proceedings in Complaint Case No.845C/01 are, therefore, set aside. This shall be, however, without prejudice to the rights of the O.P. No.2 to pursue her remedies in accordance with law with regard to the orders of the Deputy Labour Commissioner, urged to be partly complied with only. The application stands allowed. KC ( Navin Sinha, J.)