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SHYAM C. CHANDAK, A. S. GADKARI
Edunetwork Private Limited – Appellant
Versus
Regional Provident Fund, Through Ms. Seema P. Das – Respondent
JUDGMENT :
(Shyam C. Chandak, J.) :
1. Present Petition is preferred under Articles 226 and 227 of the Constitution of India read with Section 482 of the Criminal Procedure Code, seeking to quash F.I.R. dated 28th June, 2018 bearing C.R. No.333 of 2018, registered with Powai Police Station, Mumbai for the offences punishable under Sections 406, 409 read with 34 of the Indian Penal Code, 1860 and Section 14 of the Employees’ Provident Funds & Miscellaneous Provisions Act, 1952 (‘the Act’, for short).
2. Heard Ms. Deepa Chavan, learned Counsel for the Petitioners and Ms. Mahalakshmi Ganpathy, learned APP for the Respondent-State. Perused the record.
3. Record reveals that, by an Order dated 2nd November, 2018, this Court directed that, till next date the Petitioners as well as the Respondent No.3 should not be arrested in the crime. By an Order dated 16th January 2019, the respondent police was directed not to file the charge sheet. Then the Respondent No.1 filed his Affidavit in Reply. The Rule was issued on 19th October, 2022 and the interim relief was continued till the Petition is finally disposed of.
4. The facts giving rise to this Petition are as under:
4.1 Petitioner No.1 is a
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The main legal point established in the judgment is that employers have a statutory obligation under the EPF Act, and non-compliance leading to misappropriation of provident fund contributions can co....
The Commissioner must conduct an independent inquiry under Section 7A of the Act, ensuring compliance with natural justice principles before determining amounts due from employers.
The main legal point established in the judgment is that the FIR should not be quashed at the initial stage of the investigation unless it does not disclose a cognizable offence. The court emphasized....
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