IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25834 of 2007 JAMIRUDDIN Versus STATE OF BIHAR & ANR ----------- 4. 09.04.2010 Challenge under this petition is to the order dated 19.11.2004 of the learned C.J.M., Katihar passed in C II Case No. 247 of 2004 whereby cognizance of offence against the petitioners for offence under Section 14 of 3(d) of Child Labor (Prohibition and Regulation) Act, 1986 (hereinafter referred to as the ‘Act’) has been taken against the petitioner. The cognizance of offence was taken on the basis of official complaint dated 9.11.2004 of the Labour Enforcement Officer, Katihar. It was alleged that in the official complaint that the petitioner was running a tea shop and during inspection on 19.8.2004 at 10.45 P.M. it was found that the petitioner had employed a minor boy aged 12 years named Azul. On being asked, the boy stated that he was working at the shop since three days on wages at the rate of Rs. 10/- per day and was also getting food due to employment. The employment of the minor boy constituted violation of the Provision under Section 9 of the Act which constitutes an offence punishable under Section 14(3) (d) of the Act. The learned counsel for the petitioner referred to Annexure- 2 which is an affidavit sworn by the boy named Azul wherein it is stated that he had never work at the shop of the petitioner Jamiruddin. The learned counsel for the State submitted that the statements as made in the affidavit are disputed facts and it can be looked into during trial only. So far the materials are concerned; the allegation in - 2 - the official complaint indicates a prima facie case against the petitioner. In such view of the matters, finding no merit in this application the same is dismissed. (C.M. Prasad, J.) Ravi/-