IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 CRL.A.No. 33 of 2008() ---------------------- AGAINST THE JUDGEMENT/ORDER IN CRLP.1268/2007 Dated 17/12/2007 ST.1265/2005 of CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE .................... APPELLANT(S): COMPLAINANT ------------------------- THE ENFORCEMENT OFFICER, OFFICE OF THE REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES PROVIDENT FUND ORGANISATION, SUB REGIONAL OFFICE, ERANHIPALAM, KOZHIKODE. BY MR.N.N.SUGUNAPALAN, SENIOR ADVOCATE RESPONDENT(S): ACCUSED 1 TO 3 ----------------------------- 1. PARASPARA SAHAYI CO-OP. PRINTING & PUBLISHING WORKS LTD., KALLAI ROAD, CALICUT. 2. T.RAMAMCHANDRAN, SECRETARY, PARASPARA SAHAYI CO-OP. PRINTING & PUBLISHING WORKS LTD., KALLAI ROAD, CALICUT. 3. PRABHAKARAN KOROTH, PRESIDENT, PARASPARA SAHAYI CO-OP. PRINTING & PUBLISHING WORKS LTD., KALLAI ROAD, CALICUT. BY ADVS.MR.V.G.ARUN FOR R1 & R2 MR.T.R.HARIKUMAR FOR R1 & R2 THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 16/07/2009, ALONG WITH CRA. NOS. 34 OF 2008 & 38 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. --------------------------- CRL.A.NOS.33, 34 & 38/2008 ------------------------------ Dated this the 16th day of July, 2009 JUDGMENT All these appeals are filed against the orders in S.T.No.1265/2005, 1264/2005 and 1266/2005 of the Chief Judicial Magistrate, Kozhikode. Actions were initiated against the accused in each cases for violation of the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. The sanction was granted by the Regional Provident Fund Commissioner, Kozhikode. 2. The court below after elaborately considering the matter held that the person who had accorded the sanction was not competent and therefore, the complaint is defective and not maintainable for want of proper sanction. 3 . The learned counsel for the appellant had produced a notification dated 8th October, 2008. By the said notification, in the case of the States/Regions/Sub-Regions created after 17.10.1973, the powers exercised by the Regional Provident Fund Commissioners of the erstwhile Regions as per the said notification and/or by the Regional Provident Fund 2 CRL.A.NOS.33, 34 & 38/2008 Commissioner of the States/Regions/Sub-Regions created after 17.10.1973 be deemed as powers exercised under this notification. So, it is in the light of this notification, the appellant wants to contend for the position that the person who had accorded sanction has got the power. 4. I am not prepared to express any opinion on the merits of the case for the reason that this may have to read with other communications and evidence may be also necessary and therefore, I am inclined to grant an opportunity to put forward this notification before the court below and canvas for the position regarding the validity of the sanction. I again make it clear that the court below is at free to decide the question afresh in the light of this notification including the question whether this notification can have the effect of ratifying a transaction which had taken place long before that. For the said purpose, the orders of acquittal passed by the court below is set aside and the matters are remitted back to the court below for fresh disposal after affording equal opportunities to both sides to put forward their contentions and then decide the matter afresh. The parties are directed to 3 CRL.A.NOS.33, 34 & 38/2008 appear before the court below on 26.8.2009. Needless to say that no action can be taken in the meanwhile until a final decision is taken in the matter. M.N. KRISHNAN, JUDGE cl 4 CRL.A.NOS.33, 34 & 38/2008 5 CRL.A.NOS.33, 34 & 38/2008