1. The Provident Fund Inspector appointed under the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the Act) the complainant of the Criminal Case No. 97 (M) of 1977, in which the opposite parties were arrayed as accused has come to this Court in criminal revision for setting aside the order of the Chief Judicial Magistrate, Patna, dated 20-5-1978 by which recalling his previous order dated 12-1-1977 passed in that case taking cognizance against the opposite parties, he dismissed the complaint.

2. On 12-1-1977, the petitioner, as complainant filed a complaint against the opposite parties, all connected with the Bihar State Electricity Board, for their prosecution under Sec.14 of the Act read with para 96 of the Employees Provident Fund Scheme, 1952 (hereinafter referred to as the Scheme) alleging infraction of the relevant provisions on 25-10-72, 25-11-72 and 25-12-72. In receipt of the complaint, the Chief Judicial Magistrate, Patna took cognizance in the case on that date itself, namely, 12-1-1977, under Sec.14 of the Act and ordered for issue of processes against the opposite party. On 18-5-1977, the Chief Judicial Magistrate t