IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.256 of 2009 RAMA SHANKAR SINGH Versus THE STATE OF BIHAR & ORS ----------- 3/ 14/09/2009 Heard learned counsel for the petitioner and learned counsel for the State as also for the Employees State Insurance Corporation. The petitioner seeks quashing of the entire proceedings in Complaint Case No.222/02 instituted against him under Section-85(G) of the Employees State Insurance Act. The allegations in the complaint are with regard to non-production of the relevant records for inspection as stated in paragraph-6 of the complaint creating an offence under Section-85(G) of Employees State Insurance Act which is punishable with an imprisonment for a term which may extend to one year or with fine which may extend to Rs.4,000/- or with both. Statement has been made in paragraph-11 of a communication dated 24.3.2008 received by the petitioner with regard to an amnesty scheme by the respondent corporation and subsequent withdrawal of prosecutions. The communication at Annexure- 5 states that the petitioner could deposit the amount of contribution vide order No.45A along with 25 per cent damages etc. Learned counsel for the petitioner submits that 2 the petitioner desires to avail the amnesty scheme. Learned counsel for the respondent corporation submits that the amnesty scheme was in operation from 1.1.2008 to 31.12.2008. It is the case of the petitioner that he never came to know about the prosecution instituted against him by the corporation. In that view of the matter, this Court appropriately directs that if the petitioner appears before the competent authority of the corporation within a period of 5 weeks along with a copy of the present order, his request for amnesty shall be considered in accordance with Annexure-5. If he is granted amnesty, this Court expects that when the petitioner moves the court below for appropriate orders, the corporation shall be fair by placing correct facts before the court below for the grant of amnesty to the petitioner bringing the litigation to an end. If the petitioner does not appear before the authorities of the respondent corporation within a period of 5 weeks along with a copy of the present order, the prosecution of the petitioner shall require no interference by this Court when the writ application shall be deemed to have been dismissed. The application stands disposed. KC ( Navin Sinha, J.)