OM PRAKASH SAXENA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Both the criminal revisions have been preferred u/s 482 of the Code of Criminal Procedure for quashing criminal proceedings pending being Nos. - C/327 of 2016 and C/323 of 2016 before the Learned Judicial Magistrate 1st Court Barrackpore u/s14(1)/14(1A)/14(B)/14(2A)/14(AA) of the Employee's Provident Fund and miscellaneous provident fund Act 1952 pending against the present petitioners.

(2.) The brief fact of the case is that one Sanjay Biswas as enforcement officer of the Employee's Provident Fund organisation, Sub-regional office Barrackpore lodged a petition of complaint against the present petitioners being the director of M/s Bengal Waterproof Limited for the offence punishable u/s 14(1)/14(1A)/14(B)/14(2A)/14(AA).

(3.) It has alleged in the said petition of complaint that the present petitioners were in charge of the M/s Bengal Waterproof Limited to all material times and were responsible for the conduct of its business in discharge of such responsibility took on the running of its business. It has further alleged that the present petitioners as the employer of the establishment failed to submit monthly return according to the provision of Clause 16 of Appendix 'A' of the Paragraph 27AA of EPF scheme 1952.