IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 Crl.MC.No. 3072 of 2009() ------------------------------------ ST.567 TO 574 OF 2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, KOLLAM .................... PETITIONERS/COMPLAINANT AND ANOTHER: ------------------------------------------------------------------ 1. ENFORCEMENT OFFICER, EMPLOYEE'S PROVIDENT FUND, KOLLAM DISTRICT. 2. REGIONAL PROVIDENT FUND COMMISSIONER (I) KERALA. LEKSHADEEP AND MAHEE, EPFO REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN. BY MR.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE ADV. MR.M.CHANDRABOSE. RESPONDENTS/ACCUSED AND STATE: -------------------------------------------------------- 1. RAMANKUTTY NAIR, PROPRIETOR, M/S.GANESH CASHEW COMPANY AYANTHI, KOLLAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3072 of 2009 -------------------------- ORDER Petitioners are the complainants and first respondent, the accused in S.T.Nos.567 to 574 of 2007 on the file of Judicial First Class Magistrate's Court-II, Kollam. At the defence stage, first respondent filed Annexure-3 witness list and sought to summon and examine the Regional Provident Fund Commissioner (Grade-I). As is clear from Annexure-3 witness list, the purpose of examination is to prove that Regional Provident Fund Commissioner (Grade-II) is a subordinate to the Regional Provident Fund Commissioner (Grade-I) and Regional Provident Fund Commissioner (Grade-I) is in charge of Thiruvananthapuram region. Learned Magistrate issued summons to the said witness. This petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-4 order issuing summons, contending that if the Regional CRMC 3072/09 2 Provident Fund Commissioner (Grade-I) is to be examined in all the cases pending all over Kerala, he will not be in a position to discharge his duties as the Regional Provident Fund Commissioner (Grade-I) and when the fact sought to be proved is not disputed, it is not at all necessary to examine the said witness and in such circumstances, learned Magistrate should not have issued summons to the said witness. 2. On hearing the learned counsel, in view of the order to be passed, I find it not necessary to issue notice to the first respondent. 3. Annexure-4 order issuing summons to the third witness, the Regional Provident Fund Commissioner (Grade-I), as sought for under Annexure-3 witness list, was passed without considering the question whether his examination is necessary or not. A fact which is admitted need not be proved. Petitioners were not heard as to whether the fact sought to be proved by examination of CW3 CRMC 3072/09 3 is admitted or not. Hence, the order is quashed. Learned Magistrate is directed to consider the question afresh, after hearing the petitioners and first accused. It is made clear that if the fact to be proved is not disputed, learned Magistrate need not summon the witness. Petition is disposed. 23rd September, 2009 (M.Sasidharan Nambiar, Judge) tkv