I R RAO S/O I MOHAN RAO; JAYA PRAKASH RAO S/O I MOHAN RAO AND ORS Vs. STATE OF KARNATAKA; ENFORCEMENT OFFICER, EMPLOYEES PROVIDENT FUNDS; STATION HOUSE OFFICER

JUDGEMENT

(1.) In this petition filed under Section 482 of Cr.P.C., the petitioners have sought for quashing the prosecution launched against them in C.C. No.365/2004 on the file of the Principal Civil Judge (Sr.Dn.) & CJM, Shimoga, for the offences punishable under Sections 406, 420 r/w. 34 of IPC.

(2.) According to the prosecution, the contribution of the employees of the Company towards Employees' Provident Fund and the Schemes thereunder, were deducted from their wages during the months of September to December 2001 and January to August 2002, but they were not remitted to the Provident Fund Account, as required by the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 ( for short, Act ) and thereby, they have committed criminal breach of trust and acts of cheating. The Enforcement Officer of Employees' Provident Fund, District Office, Shimoga, filed a report before the Sub-Inspector of Police, Rural Police Station, Shimoga, alleging the aforesaid acts said to have been committed by the petitioners and sought investigation into the matter. On the basis of such report, the police registered the case in Crime No.691/2002 and on completion of investigation, filed the charge sheet for the aforesaid offences.

(3.) The learned Magistrate, before whom the charge sheet was laid, took cognizance of the offences alleged and issued summons. On coming to know of the same, the petitioners have presented this petition seeking to quash the prosecution.