AJAYKUMAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Hearing was conducted through video conferencing and the learned counsel agreed that the audio and video quality was proper.

(2.) The applicants have approached this Court under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'the Code') seeking quashment of First Information Report No. 0336 registered with MIDC Police Station, Butibori, Nagpur, for the offence punishable under Sections 406 , 409 read with Section 34 of the Indian Penal Code as well as Sections 13 and 14 A of the Employees Provident Funds and Miscellaneous Provisions Act , 1952 (for short, 'the said Act').

(3.) In the first information report as filed at the instance of the Enforcement Officer, Regional Provident Fund Office, Nagpur, it has been stated that the applicants were in management of M/s. Spentex Industries Limited for the period from 2016 to 12.01.2019. An amount of Rs.3,28,27,857/- being amount due towards provident fund contribution had not been deposited by them but had been misappropriated. Based on the enquiry as made by the Enforcement Officer and a written report submitted by him, the aforesaid first information report came to be registered.