SURENDRA KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) O. P. Jain, J. This judgment will dis pose of the above bunch of 102 applications filed under Section 182, Cr. P. C. The facts and the parties in all the above cases are almost identical. All the petitions have been filed by Surendra Kumar, Vinod Kumar and Pramod Kumar who are Chairman, Direc tor and Manager respectively of a company known as M/s. Tiger Hardware and Tools Limited, Marris Road, Aligarh. Petitioner Nos. 2 and 3 are the sons of petitioner No. 1. The respondents are State of Uttar Pradesh. Provident Fund Inspector, Agra and Regional Provident Fund, Commissioner, Kanpur.

(2.) RESPONDENT No. 2, Provident Fund Inspector, filed a complaint against the petitioners and the Company for offences under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter called the Act) and the Schemes framed thereunder. The petitioners have been prosecuted for failure to deposit the Provident Fund amount. The period of default is different in each case. In application No. 6043 of 1985 the complaint relates to non-payment of Insurance Fund for the months of August, 1978, September, 1978 and October, 1978. In different cases the period of default is different and it is not necessary to mention the same because it is not relevant for our purpose.

(3.) THE learned Chief Judicial Magistrate before whom the preliminary objection was filed, fixed 15th April, 1983 for arguments on the preliminary objec tions. On 3rd May, 1985 order Annexure-4 was passed and the case was adjourned to 16th April, 1985 for prosecution evidence. The grievance of the petitioners is that the court below fixed the case for evidence without finally disposing of the objections raised by them.