ASHOKE SADHYA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The aforesaid two revisions are being disposed of by a common judgment as common issue of law based on similar facts arises for consideration.

(2.) By filing this application under Section 482 of the Code of Criminal Procedure, 1973 the petitioners seek to quash the entire proceedings in GR Case No.620 of 2006 arising out of Naxalbari P.S. Case No.85/06 dated 05.07.2006 under Section 406 of the Indian Penal Code including the order dated 16.08.2006 pending before the Court of Learned Chief Judicial Magistrate, Siliguri, Darjeeling.

(3.) The factual background is that the petitioner No.1 was the General Manager of M/S. Tirrihannah Company Limited who resigned on 31.07.2006 and the petitioner No.2 was the Managing Director of the said Company who relinquished on 31.08.2006. The other petitioner was a Manager of the said company who resigned on 16.01.2006. A written complaint was lodged by one Dil Bahadur Sherpa, Enforcement Officer, Siliguri alleging that the petitioners deducted a sum of Rs.9,06,200/- from the wages of the employees of the said company towards the Employees' Share of Provident Fund Contribution from the period from December 2005 to May 2006 and had not deposited the said amount with the Statutory Authority in violation of Section 6 of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 read with Paragraph 38 of the Employees' Provident Fund Scheme which tantamounts to offence of criminal breach of trust as defined in Section 405 of the Indian Penal Code. It was further alleged that the petitioners were responsible for the day to day running of the business of the said company and so they have committed offence punishable under Section 406/409 of the IPC. On the basis of such complaint the aforesaid P.S. case was registered and investigation was taken up. On completion of investigation charge sheet was submitted against the present petitioners and another co-accused under Section 406 of the IPC.