IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933 Crl.MC.No. 404 of 2011() ------------------------ CC.1300/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I,CHALAKUDY .................... PETITIONER(S): ACCUSED: ---------------------------------------- BALARAM, DIRECTOR, CYBELE HERBAL LABORATORIES (P) LTD., KONNAKUZHY, TRICHUR. BY ADVS. SRI.T.M.CHANDRAN, SRI.S.SUJITH, SRI.V.A.SASIDHARAN, SRI.JOSEPH ALBIN NEDUNTHALLY. RESPONDENT(S): --------------------------- 1. THE REGIONAL PROVIDENT FUND COMMISSIONER OF KERALA, THIRUVANANTHAPURAM. 2. THE ENFORCEMENT OFFICER, EPF ORGANIZATION, DISTRICT OFFICE, TRICHUR-1. 3. THE SUB INSPECTOR OF POLICE, CHALAKUDY POLICE STATION, CHALAKUDY, TRICHUR DISTRICT. 4. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. R2 BY DR.S.GOPAKUMARAN NAIR, SENIOR ADVOCATE, BY ADV. SRI.M.CHANDRA BOSE. R3 & R4 BY PUBLIC PROSECUTOR SRI. MANU THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 31/05/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.404 of 2011 -------------------------------------- Dated this the 31st day of May, 2011. ORDER This proceeding is in challenge of cognizance taken by the learned Judicial First Class Magistrate, Chalakkudy against petitioner in C.C.No.1300 of 2009 for offences punishable under Sections 405 and 406 of the Indian Penal Code. Charge against petitioner is for non-payment of provident fund contribution under the relevant provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. Though various contentions are raised learned counsel for petitioner, at the time of hearing has sought permission to withdraw this Criminal Miscellaneous Case without prejudice to the right of petitioner to take appropriate defence before the learned Magistrate. It is also prayed that having regard to the nature of offences alleged, petitioner may be granted permanent exemption from appearance in the trial court. I have heard learned counsel for petitioner, respondents 1 and 2 and the learned Public Prosecutor. Having regard to the circumstances stated, I am inclined to allow the request for withdrawal of the Criminal Miscellaneous Case. 2. So far as the prayer for permanent exemption is concerned, that is a prayer which petitioner has to urge before learned Magistrate. I make it clear that if any such request is made, learned Magistrate shall decide on that request Crl.MC No.404/2011 2 having regard to the nature of offence alleged and the necessity if any of petitioner to be physically present in court in view of the allegations made against him. Resultantly with the direction made above and without prejudice to the right of petitioner to take appropriate defence before the trial court this Criminal Miscellaneous Case is dismissed as withdrawn. THOMAS P.JOSEPH, Judge. cks