DURGA DEVI CHHOWCHHARIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under Sec. 482 of the Code of Criminal Procedure (hereinafter to be referred as 'Code ') has been filed for quashing the entire criminal proceeding as well as the First Information Report in connection with Hatia P.S. Case No. 56 of 1999 corresponding to G.R. No. 920 of 1999 registered under Sections 406, 409, 420 and 120 -B of the Indian Penal Code.

(2.) FACTS leading to filing of this case are that O.P. No. 2 who is Enforcement Officer. Employees Provident Fund Organization, lodged an FIR stating inter alia therein that the petitioners are the employers of M/s Oriental Electro Steels and this organization is covered under the Provident Fund Scheme and the employers have failed to pay the employers and employees contribution of provident fund for the period from April 1996 to February 1999. On that basis, a case being Hatia P.S. Case No. 56 of 1999 was registered under Sections 406, 409, 420 and 120 -B of the Indian Penal Code.

(3.) IT was further pointed out that no case under Sec. 406 and other Sections is made out as petitioners are not responsible for depositing the contribution under the E.P.F. and M.P. Act as petitioners are neither the persons in -charge responsible for the financial affairs of the company nor at any point of time, contribution was deducted from the wages of the workmen by them. It is also submitted that since the entire amount of Rs. 4,66,086.00 has already been paid, hence no case under Sec. 406 or 420, Indian Penal Code is made out against the petitioners and in the facts and circumstances of the case, if case is allowed to proceed, it will be an abuse of the process of the Court.