RAJIV SUBRAMANIUM ACHARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Applicants have invoked powers of this Court under Sec. 482 of the Code of Criminal Procedure for quashing of FIR bearing No. I-351 of 2015, registered with Shree Nagar Police Station, Thane. The Applicants have prayed that, after examining the correctness, legality and propriety of the impugned FIR registered at the instance of Enforcement Offcer dtd. 21/12/2015, the FIR be quashed and set aside.

(2.) Applicant No. 1 and 2 are the Directors of a company M/ s. Metropolitan Equipments and Consultants Pvt. Ltd. The said company is duly registered under the provisions of Indian Companies Act, 1956, having its factory and offce located in Wagle Industrial Estate, Thane. The said company is amenable to the provisions of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (For short "the Act of 1952") and the schemes made thereunder.

(3.) It is the contention of the Applicants that, they have received an intimation from the Shree Nagar Police Station, Thane, dtd. 5/1/2016 informing them that the Enforcement Offcer has fled C.R. No. I-351 of 2015 against the Applicants for the offence punishable under Sec. 406 r/w Sec. 34 of the IPC, due to non-remittance of amount towards Employees' contribution of Provident Fund (PF) for the period from April 2015 to September 2015, which has been accumulated to the extent of sum of Rs.2,71,010.00.