IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.6622 OF 2007 1. M/S ANGUS GIRLS SCHOOL AND WOMEN’S TRAINING COLLEGE, LODIPUR, PATNA THROUGH ITS PRINCIPAL SMT SARLA VEENA LYALL. 2. SMT SARLA VEENA LYALL, PRINCIPAL M/S ANGUS GIRLS SCHOOL, LODIPUR,PATNA. VERSUS 1. UNION OF INDIA 2. THE REGIONAL PF COMMISSIONER, BIHAR. ----------- 10. 15.12.2009. Heard learned counsel for the parties. Petitioner no.1 is the Principal of the College by nomenclature, whereas petitioner no.2 is Smt Sarla Veena Lyall, the principal in chair. Petitioners have prayed for direction to respondents not to prosecute them in criminal case contained in annexure 1 filed against them for offences under section 14(2) of the Employees Provident Fund Act and Misc. Provisions Act, 1952 (in short the Act) in relation to non filing of the returns for various periods before due date. Petitioners submit that the institution in question is a non Government institution of Minority community which is controlled and owned by Baptist Church Trust Association duly registered under Society Registration Act with its head office at N Delhi having PF Code No. BR/4481. It is further submitted that all the dues under the Act for the period January, 1995 to March, 2002 have been paid though belatedly by 13.8.2004 for which several similar cases have been filed against the petitioners in the court below which is evident from annexure 9 to the suppl. affidavit dated 12.5.2008. In support of the contention, learned counsel appearing for the petitioners has referred to a division bench decision of this Court - 2 - dated 2.9.1981, passed in C.W.J.C.No. 2564/1981(Ram Krishna Dutta Vs. the Union of India, Ministry of Labour and ors) in which a division bench of this Court in similar circumstances, quashed prosecution as payment of demands in respect of period concerned was made. Union of India challenged the aforesaid order vide Special Leave to Appeal (Civil) No. 10750/81, which was dismissed by the Apex court vide order dated 6.8.1984. Learned counsel also relied on a decision of the Apex court rendered in case of Adoni Cotton Mills Ltd. And others versus The Regional Provident Fund Commissioner and others, reported in 1995 Suppl.(4) SCC, 580 in which the Court has quashed prosecution under the Act taking into consideration that cases are old and entire contributions have been deposited. In view of the decisions of the Division Bench and Apex court rendered in aforesaid cases as well as the fact that petitioners have already filed return and made payment for the period in questions and prosecution being about 200 in number being launched belatedly after three years, the writ petition is disposed of with observation that respondents may consider withdrawal of cases pending in different courts mentioned in annexure 9 to the suppl affidavit dated 12.5.2008, preferably within a period of two months from the date of receipt of this order. Shashi. (Samarendra Pratap Singh,J.)