Criminal Miscellaneous No.14576 of 2004 *** In the matter of an application under section 482 of the Code of Criminal Procedure *** Dr. Mukesh Prasad s/o Late Narendra Pd. Sah, R/o “Ajanta Jaanch Ghar”, Patel Babu Road, P.S.-Kotwali, District- Bhagalpur ...Petitioner Versus 1. THE STATE OF BIHAR 2. Sri Birendra Kumar, Labour Superintendent, Bhagalpur. …Opposite Parties *** For the petitioner : Mr. Praveen Kumar, Advocate For the State : Mr. Ramesh Chandra, APP *** P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH *** Anjana Prakash, J. The petitioner seeks quashing of the order dated 23.5.2000 passed in GPS case no.58 of 2000 passed by the Chief Judicial Magistrate, Bhagalpur, by which he has taken cognizance under section 22-A and 22- B of the Bihar Minimum Wages Act, and issued summons against the petitioner. The petitioner had moved in revision before the 5th Additional Sessions Judge, Bhagalpur, vide Cr. Revision 181 of 2000, but the same was dismissed as being not maintainable. 2. The prosecution report purported to have been dated 16.12.98 is that the premises of the petitioner was inspected on 10.7.1998 and number of irregularities were found therein for which he was even noticed on 15.4.2000, despite which he did not rectify the irregularities. 3. The simple argument of the petitioner is that as per section 22 B (2) (b) the court was precluded from taking cognizance of a complaint against any person for offence under section-22A of the Bihar Minimum Wages Act, unless the complaint thereof was made within six 2 months of the date on which the offence was alleged to have been committed. 4. In the present case, since the premises were inspected on 10.7.1998, the complaint having been filed obviously after 15.4.2000, even though stated to have been filed on 16.12.98, is against the spirit of Section 22 B of the Bihar Minimum Wages Act, 1948. 5. Hence, cognizance having been taken beyond the period of limitation provided under section 22 B (2) (b) of the Bihar Minimum Wages Act, 1948, this application must be allowed. 6. Accordingly, the order dated 23.5.2000 passed by the Chief Judicial Magistrate, Bhagalpur, in G.P.S. Case no. 58 of 2000, by which cognizance has been taken, is hereby set aside. 7. The application stands allowed. (Anjana Prakash, J.) Patna High Court, Patna Dated the 8th July, 2010 NAFR / JA/-