SURESH KUMAR CHOUDHURY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard learned senior counsel, Mr. A.K. Bhowmik, assisted by learned counsel, Mr. R. Datta for the petitioner and learned P.P., Mr. A. Ghosh for the State respondent.

(2.) By filing this petition under Section 397 and Section 482 of CrPC the petitioner prayed for setting aside and/or quashing order dated 09.06.2009, passed by learned Chief Judicial Magistrate, West Tripura, Agartala in G.R. Case No.893 of 2005.

(3.) An FIR was lodged against the petitioner by the Enforcement Officer of the Employees' Provident Fund Organization alleging that the petitioner being the owner of M/s Gopal Nagar Tea Estate failed to deposit an amount of Rs. 2,69,778/- deducted from the salaries/wages of the employees as the Employees' Share of the Provident Fund Contribution for the period from April, 2003 to January, 2005. Police after investigation submitted charge sheet against the petitioner and another employee of the petitioner and by impugned order dated 09.06.2009 learned Chief Judicial Magistrate directed framing of charge against the petitioner under Section 406 of IPC.