CRIMINAL MISCELLANIOUS No.3210 OF 2005 ( In the matter of an application under Section 482 of the Code of Criminal Procedure ) * * * * * 1 A.K.RAM KUMAR, Son of Sri A.R. Krishnamurthy, Resident of Mohalla AH 93, Shanthi Colony, P.S. Anna Nagar, District Chennai, Managing Director, Citadel Aurobindo Biotech Limited, First Street, Sripuram Colony, St. Thomas Mount, Chennai 600016. 2 .K. RAJIV, Son of Sri M.S. Krishnamurthy, Resident of Mohalla 9, Janaki Avenue, P.S. Abhiramapuram, District Chennai, Director, Citadel Aurobindo Biotech Limited, First Street, Sripuram Colony, St. Thomas Mount, Chennai 600016. 3. B. SIVA PRASAD REDDY, Son of Late B. Narasa Reddy, Director, Citadel Aurobindo Biotech Limited, Plot No. 2, Maitrivihar, Ameerpet, Hyderabad 500038. 4. B. SHANKAR RAO, Personal Department, Aurobindo Pharma Limited, C/O Citadel Aurobindo Biotech Limited, First Street, Sripuram Colony, St. Thomas Mount, Chennai 600016. 5. CITADEL AUROBINDO BIOTECH LIMITED, through its Managing Director, Archana Towers, First Street, Sripuram Colony, St. Thomas Mount, Chennai 600016. …….Petitioners Versus 1. THE STATE OF BIHAR. 2. BINAY KISHORE MISHRA, Son of late Braj Kishore Mishra, Resident of Arogya Niketen, Near Sugar Factory, Narkatiaganj, P.S.& District West Champaran (Bihar), At present residing at F- 107, P.C. Colony, Kankarbag, P.S. Kankarbag, District Patna. ……..Opposite parties For the petitioners : Mr. Shivendra Kishore Mr. Sanjeev Shankar, Advocates For the Opposite party No. 2 : Mr. Satish Chandra Mishsra, Advocate For the State : Mr. Parmanand Prasad, A.P.P. * * * * * P R E S E N T THE HON'BLE MR. JUSTICE AKHILESH CHANDRA * * * * * Akhilesh Chandra,J. Heard learned counsel for the Petitioners, Additional Public Prosecutor for the State & Sri Satish Chandra Mishra counsel for the Opposite Party No. 2. - 2 - 2. This an application under Section 482 Cr.P.C. for quashing of order dated 26.06.2003 passed by Judicial Magistrate, 1st Class, Patna in Complaint Case No. 1374 (C) of 2003 and transferring the case to the Court of Sri Ashok Kumar Singh, Judicial Magistrate, 1st Class, Patna, where cognizance has been taken under Section 406 of the Indian Penal Code. 3. Admittedly, opposite party no. 2 was an employee of petitioner no. 5, which is represented by rest of the petitioners. The only grievance against company of the opposite party-complainant is that for the period of employment under them, the amount due as gratuity and general provident fund has not been released. 4. During course of argument, the learned counsels are in agreement that taking into consideration period of one year of service of opposite party no. 2, he is not entitled for any amount under the head of gratuity, but whatever amount is contributed in general provident fund account has been deposited with appropriate authority and it is for the complainant to apply in proper format either directly or through his employer and thereafter, the authorities shall release the amount and make payment. 5. The learned counsel for opposite party undertakes to get the format of application for release of the amount deposited under general provident fund scheme prepared in triplicate within a week and one copy shall be submitted to the learned counsel for the petitioners, second copy shall be send by registered post with acknowledgement due directly to his employer and send the third copy - 3 - directly to Assistant, Provident Fund Commissioner, Kukut Pally, Hyderabad. In turn the petitioners shall do the needfuls, if required and request the authority i.e. Assistant, Provident Fund with a prayer to release the amount due in favour of complainant-opposite party no. 2 with a copy to him, so that, if require, the opposite party no. 2 may further fulfill other requirements. 6. In view of earlier order of this Court passed in Criminal Miscellaneous No. 36475 of 2004 dated 05th August, 2010, the parties are to be present in connection with the case at Patna to perform their part of agreement and comply the direction, so it would be convenient to them that the parties shall after performing all liabilities in connection with present case also aforementioned and intimate the court below compliance on the date fixed i.e. 25th September, 2010 and on such compliance with supporting materials, there shall be no need to proceed further with the proceedings in question pending before the court below, accordingly it shall be dropped. 7. In the light of agreement arrived at mentioned above this application stands disposed of. Patna High Court Date: 16th August, 2010 Praveen/- (Akhilesh Chandra,J.)