IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 Crl.MC.No. 2792 of 2009() ------------------------------------- ST.1614/2009 JUDICIAL MAGISTRATE OF FIRST CLASS COURT, PARAVOOR, KOLLAM .................... PETITIONER/ACCUSED: ----------------------------------- 1. THE QUILON CO-OPERATIVE SPINNING MILLS LTD., KARAMCODE-691 579, KOLLAM, REPRESENTED BY ITS MANAGING DIRECTOR. 2. MR.JACOB JOSEPH, MANAGING DIRECTOR, QUILON CO-OPERATIVE SPINNING MILLS LTD., KARAMCODE-691 579, KOLLAM. BY SRI.B.S.KRISHNAN, SENIOR ADVOCATE, ADV. SRI.K.ANAND, SMT.LATHA KRISHNAN. RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------------------- 1. THE ENFORCEMENT OFFICER, EMPLOYEES PROVIDENT FUND ORGANIZATION, DISTRICT OFFICE, KOLLAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. R1 BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR, SC, EPF ORGN. R2 BY PUBLIC PROSECUTOR MR.M.R. VENUGOPAL. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 02/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 2792 of 2009 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE I: COPY OF THE COMPLAINT IN ST NO.1614/2009. ANNEXURE II: COPY OF THE APPOINTMENT ORDER NO.GO(RT) NO.380/2008/ID DATED 31/07/2008. ANNEXURE III: COPY OF THE ORDER NO.GO(RT) NO.884/09/ID DATED 09/07/2009. RESPONDENTS ANNEXURES: NIL. //TRUE COPY// P.A. TO JUDGE rs B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 2792 of 2009 - - - - - - - - - - - - - - - - Dated this the 2nd day of September, 2011. O R D E R In this petition filed under Section 482 Cr.P.C., the petitioners are the accused in S.T. No.1614 of 2009 on the file of the Judicial First Class Magistrate, Paravoor, Kollam. The prosecution was initiated by the respondent against the 1st petitioner society and the Managing Director under Section 14 of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. Admittedly, petitioner No.2 joined much after the alleged commission of the offence. The learned counsel for the petitioners states that after the State Government sanctioned the amount, the amount has been deposited with the Employees Provident Fund Commissioner. 2. Heard the learned counsel for the petitioners, learned counsel for the 1st respondent and the Public Prosecutor. The learned counsel for the first respondent vehemently objects relying on the decision in BHAGIRATH KANORIA v. STATE OF M.P reported in 1984 SC 1689. 3. Admittedly, the society was running in loss and the Crl.M.C. No.2792/2009 -:2:- organisation is a State owned Co-Operative Society. In my considered view, the payment of money was delayed due to the failure on the part of the State Authorities. Taking into account the entire allegations and the fact that the amount has been deposited, no useful purpose will be served by directing the accused to face trial. In that view of the matter, I direct that S.T. No.1614 of 2009 pending before the Judicial First Class Magistrate, Paravoor, Kollam be treated as closed. This Crl.M.C is allowed as above. sd/- B.P. RAY, JUDGE. rv Crl.M.C. No.2792/2009 -:3:-