NANI GOPAL BHATTACHARJEE Vs. S CHOUDHURY

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure is directed against the order passed by the learned Judicial Magistrate 1st class, Agartala, West Tripura on 13.10.1999 in case No. C.R. 312 of 1990.

(2.) The fact relevant for the purpose of deciding the matter in issue, in short, is that a criminal proceeding was launched against the Tripura Me Mills.Ltd. and the present petitioner, Shri Nani Gopal Bhattacharjee, who was serving as Managing Director of the said Jute Mill at the relevant time for commission of offence under Section 6 and 14 of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 alleging, inter-alia that the accused persons have failed to pay the employees contributions to the Provident Fund. After closure of the prosecution evidence, the present petitioner filed an application claiming protection under Section 1997 Cr. P.C. on the ground that he being a public servant under Section 21 of the IPC, the court should not have taken cognizance of offence without necessary sanction. The case of the petitioner is that he was a member of the Tripura Civil Services and at the relevant time he was holding the post of Managing Director of Tripura Jute Mills Ltd. on deputation and as he was not removable from office without the sanction of the State Government, sanction under Section 197 Cr.P.C. was a must for prosecuting him. The learned trial judge after hearing both sides vide impugned order dated 13.10.1999 rejected the prayer of the petitioner. Hence the present application under Section 482 CrP.C. for setting aside the said order and for quashing of the proceedings.

(3.) I have heard Mr. C.S. Sinha, learned counsel for the petitioner and Dr. H.K. Bhattacharjee, learned counsel for the respondent Provident Fund Inspector, the complainant of the case.