REGIONAL PROVIDENT FUND COMMISSIONER BANGALORE Vs. PUTTAMMA

JUDGEMENT

(1.) THIS petition is filed under Section 482, Criminal Procedure Code by the Regional Provident Fund Commissioner for questioning the order passed by the learned Magistrate dated 13-6-1991, the operative portion of which reads as follows:

(2.) THE brief facts of the case are the respondents made an application before the Court below to attach the provident fund amount due and payable to respondents 1, 1 (a) to (f) against the provident fund amount contributed by the 2nd respondent by attaching the same to recover the arrears of maintenance awarded under Section 125, Criminal Procedure code. The learned Magistrate has passed a considered order holding that there is no prohibition to attach the provident fund amount payable to the respondent towards maintenance awarded in favour of the complainants under Section 125, Criminal Procedure Code.

(3.) THE learned Counsel for the petitioner submitted that though there is no prohibition under Section 125, Criminal Procedure Code, the very attachment of the Provident Fund amount consists of a clear bar under section 10 of the Employees' Provident Funds and Miscellaneous Provisions act, 1952 (for short 'the Act'), which reads as follows: