K L JALAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant application under sections 401 and/or 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code), along with three other applications, the petitioners have prayed the Court for quashing the relevant proceedings, being Case No. 595-C of 1982, as also Case Nos. 593-C, 594-C and 596-C, before the Chief Judicial Magistrate at Howrah.

(2.) On 18th November, 1992 the opposite party No. 2-complainant had filed complaints before the learned Chief Judicial Magistrate at Howrah against the petitioners under section 14(2-A), read with section 14-A(1) of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter shortened into Act). It is contended that M/s. Naskarpara Jute Mills Co. Ltd. had its office at 8, B.B.D. Bag, Calcutta-1, within the jurisdiction of Hare Street Police Station, which is an establishment within the meaning of the relevant provisions of the said Act. The petitioners accused persons have been described in the petition of complaints as the persons in charge of the Establishment, responsible to it for the conduct of its business. They were required to comply with the provisions of clause (a) of sub-section (3) of section 17 of the Act and the conditions subject to which an exemption was granted in respect of the said Establishment. The complainant sought to prosecute the accused persons, who are the Directors of the said Company, on the allegation that the accused persons, being the employers, had failed to comply with the requirements of the provisions of section 17(3)(a) of the Act. On perusal of the said complaints, the learned Chief Judicial Magistrate at Howrah had taken cognizance of the alleged offences, and had directed issue of processes against all the accused persons.

(3.) Being aggrieved by the order so passed by the learned Magistrate the petitioners have come up in revision before this Hon'ble Court for quashing the relevant proceedings on the grounds set forth therein.