SOM PRAKASH SINGHANIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this petition, the petitioner invoking jurisdiction of this Court under Section 482 Cr. PC. has prayed for quashing of the G.R. Case No. 75/04, arising out of Golaghat P.S. Case No. 32/04 under Section 406 IPC instituted on the basis of an FIR dated 21.04.04 lodged by one Shri A.P. Sahu, Assistant Provident Fund Commissioner, Golaghat.

(2.) Facts necessary for disposal of this petition, may be stated as under-the petitioner is the Managing Director of Rungajan Tea and Plantation Industries Pvt. Ltd., a Company registered under the Companies Act, 1956 having its registered office at Chatterjee International Centre, 33 A Chowrighee Road, Kolkata 700071 (hereinafter referred to as 'the Company'). The Assistant Commissioner of Provident Fund, Golaghat lodged an FIR with the Officer-in-Charge of Golaghat Police Station on 21.01.04 stating, inter alia, that the employer of the Rungaj an Tea Estate in the district of Golaghat have failed to deposit the Provident Fund Contribution deducted from the wages of the workers along with their matching contribution with effect from 18.09.95 to date. The amount of such default stood at Rs. 1,80,55,352.13 for the period from 18.09.95 to 22.03.03. It has further been stated that as per Section 11 of the Assam Tea Plantation Provident Fund and Pension Fund Scheme Act, 1955 as amended upto date, every employer shall be responsible for collection of provident fund from their employees, their remittance as per provision laid down in para 24 of the Assam Tea Plantation Provident Fund and Pension Fund Scheme, but the employer of Rungajan Tea Estate have failed to deposit the collected Provident Fund contribution though it had been deducted from the wages of the workers. It is further stated that the employer of the Rungajan Tea Estate have committed a serious offence like criminal breach of trust and misappropriation by not depositing the collected provident fund contributions and, therefore, the Managing Director and the Manager of the Tea Estate are liable to be prosecuted under the relevant provisions of law.

(3.) On receipt of the aforesaid FIR the police registered the Golaghat P.S. Case No. 32/04 under Section 407 EPC on 21.04.04. It is noteworthy to mention here that the investigation of the case has not yet been completed and the case has not been forwarded for trial to the Court having jurisdiction to try the same. Thus, the case is in the investigation stage.