IN THE HIGH COURT OF JHARKHAND AT RANCHI Criminal Miscellaneous Petition No. 980 of 2010 with Cr.M.P. Nos. 981, 982, 983, 984, 985, 986, 987, 988, 989, 990, 991, 992, 993, 994, 995, 996, 997 & 998 of 2010 --- 1.Ajit Singh son of late C. Singh 2.Dr. S. Kaur @ Santosh Kaur wife of Shir Ajit Singh 3.Dharamveer Singh son of Shri Ajit Singh all residents of 4, Inner Circular Road, C. H. Area (N), Bistupur, PO & PS Bistupur, Town Jamshedpur, District East Singhbhum … … Petitioners Versus 1.The State of Jharkhand 2.Shri Abhimanyu Kumar son of not known to the petitioners, working for gain as Inspector (Enforcement Officer) appointed under Section 13 of the Employees Provident Fund and Miscellaneous Provisions Act, 1952, having Office at Purulia Highway Road, Mango, PO Azadnagar, PS Mango, Town Jamshedpur, District East Singhbhum … … Opposite Parties --- CORAM : HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY --- For the Petitioners : Mr. Indrajit Sinha, Advocate For the Opposite Party No. 1 : Mr. Shekhar Sinha, A.P.P. For the Opposite Party No. 2 : Mrs. Banani Verma, Advocate --- 4/19.08.2016 At the outset, it has been submitted by Mr. Indrajit Sinha, learned counsel for the petitioners that the petitioner no. 1 – Ajit Singh is no more. As such, these applications are confined only with respect to the rest of the petitioners. Heard Mr. Indrajit Sinha, learned counsel for the petitioners, Mr. Shekhar Sinha, learned A.P.P. for the State and Mrs. Banani Verma, learned counsel for the opposite party no. 2. In this application the petitioners have challenged various orders passed in G. O. Case No. 129 of 2009 and in analogous cases – 130, 132, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146 & 147 of 2009 wherein and whereunder cognizance has been taken under Section 14(2) of the Employees Provident Fund and Miscellaneous Provisions Act. It has been submitted that the order taking cognizance is not in accordance with law as neither the allegations have properly been appreciated nor has the question of limitation under Section 468 of Cr.P.C. been considered. He further submits that the petitioners have -2- been proceeded against for failure on their part to submit the consolidated statement of contributions in Form 12 or abstract thereof in Form 24 and revised annual returns which is an instantaneous offence and since the period of limitation has already been expired, the proceeding against the petitioners deserves to be quashed and set aside. He has also submitted that the complaint petition as well as cognizance order is in a type format which shows non-application of mind on the part of the opposite party no. 2 as well as on the part of the learned court below. Learned counsel in support of his contention has referred to a judgment rendered by the Hon'ble Supreme Court in the case of “Udai Shankar Awasthi Vs. State of Uttar Pradesh and Another” reported in (2013) 2 SCC 435. Mrs. Banani Verma, learned counsel for the opposite party no. 2 has referred to her counter affidavit and has submitted that the offence alleged against the petitioners are continuing offence and therefore, the petitioners cannot be permitted to take recourse under Section 468 of Cr.P.C. It has also been submitted that non-filing of the returns virtually deprives the poor workmen and as such the proceedings be permitted to continue against the petitioners. It appears that the petitioner has been framed on account of failure of submission of consolidated statement of contributions as well as revised annual returns in various forms as has been mentioned in the complaint petition itself. Since there appears to be a prima-facie case made out against the petitioners under Section 14(A) read with Section 14(2) of the Employees Provident Fund and Miscellaneous Provisions Act, I am not inclined to entertain this application at this stage. However, if the petitioner raises the question of limitation as well as other points before the learned court below at the appropriate stage, the same shall be looked into and necessary orders shall be passed thereon. This application is disposed of with the aforesaid directions and observations. (Rongon Mukhopadhyay, J) R. Shekhar Cp 3