IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 11TH OCTOBER 2010 / 19TH ASWINA 1932 Crl.MC.No. 3219 of 2010() ------------------------------------- CC.893/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-II, CHERTHALA .................... PETITIONER(S): ---------------------- 1. LEENA JOSE, W/O.JOSE RESIDING AT KIZHAKKETHOTTATHIL HOUSE PANAMPILLY NAGAR. 2. JOSE THOMAS, S/O.THOMAS RESIDING AT KIZHAKKETHOTTATHIL HOUSE PANAMPILLY NAGAR. BY ADV. SRI.JACOB CHACKO RESPONDENT(S): -------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, 682 031. 2. EMPLOYEES PROVIDENT FUND ENFORCEMENT OFFICER, O/O.THE EMPLOYEES PROVIDENT FUND ENFORCEMENT, DISTRICT OFFICE, ALAPPUZHA. 3. THE SUB INSPECTOR OF POLICE AROOR POLICE STATION. R1 & R3 BY PUBLIC PROSECUTOR MR.P.A. SALIM. R2 BY SRI.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE, ADV. SRI.M.CHANDRA BOSE. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR, J. ------------------------- Crl.M.C No.3219 of 2010 -------------------------- Dated this the 11th October, 2010 O R D E R Petitioners are the accused in C.C No.893/07 on the file of Judicial First Class Magistrate Court -II, Cherthala taken cognizance for the offence under Section 406 r/w Section 34 of I.P.C After framing charge, the case is posted for recording the evidence. Petition is filed under Section 482 of Cr.P.C to quash the proceedings contending that the arrears of contribution to the employees provident fund due from the employees was subsequently paid by the petitioner and C.C 124/06 to 129/06 filed under Section 14 AC(1) of EPF and M.P Act,1952 are pending before he Judicial First Magistrate Court-II Cherthala against the employer for non-remittance of the statutory contributions and in such circumstances it is not in the interest of justice to continue the prosecution. 2. On hearing the learned counsel appearing for the petitioner, I do not find any justifiable reason for this Court to interfere at this stage as it cannot be said that on the materials furnished the offence is not attracted. Crl.M.C No.3219 of 2010 2 Petitioners are entitled to raise all the contentions raised herein before Judicial First Class Magistrate Court- II, Cherthala. Learned Magistrate shall dispose the case expeditiously. M.SASIDHARAN NAMBIAR JUDGE ma