SHRINORAIN SUREKA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This hearing arises out of an application under Section 482. Cr. P.C. The facts of the case in short are as follows:

(2.) This petitioner was one of the Directors of M/s. North Brooke Jute Company Ltd. While the petitioner was a Director of the said Company the petitioner was neither in-charge nor responsible to the said Company for the conduct of its day to day business which was looked after by other competent officials of the said Company. The petitioner attended the meetings of the Board of Directors of the said Company to decide policy matters only. He resigned from the Directorship of the Company with effect from 2-5-1989, which was duly accepted by the Company and the Company on 11-5-1996 duly filed necessary Form No. 32 with the Office of the Registrar of Companies, West Bengal. After the petitioner had ceased to be a Director of the said Company, on 23-6-1989 the Regional Provident Fund Commissioner. West Bengal lodged a complaint with the Inspector General of Police (SpI.) Calcutta alleging inter alia, that the jute mill of M/s. North Brooke Jute Company Ltd. situated at Champadani; Baidyabati is an establishment covered under the Employees Provident Fund & Miscellaneous Provisions Act. 1952. It was also alleged that the employer of the establishment had deducted a sum of Rs. 2,42,028/- from the wages/salaries of the workers during the period from February, 1989 to March. 1989 (first fortnight) and has not deposited the same with the Board of Trustees. It was further alleged that this was a misappropriation of Provident Fund money and criminal breach of trust punishable under Section 406/409 of the Indian Penal Code and that a report to this effect was submitted by the Provident Fund Inspector. It was also alleged that the names of the persons, who were suspected to have committed the breach of trust was given in the Provident Fund InspectorTs report. A copy of the said complaint is annexed with the petition being Annexure B. In pursuance of the said complaint the petitioner was arrested and was remanded to police custody on 26th June, 1989 and he was released on bail granted by this Honble Court on 1st July, 1989, After investigation, the 1.0. filed the charge-sheet under Section 406/349, IPC on 25th June, 1993, that is, beyond three years from the date on which the petitioner was arrested. Hence the petitioner has come before this Court under Section 167(5), Cr. P.C. as amended by the West Bengal Act 24 of 1988 for discharge.

(3.) Learned Advocate for the State opposes the revisional application.