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PARTHA SARTHY
Himanshu Shekhar S/o Shri Sahdeo Jha – Appellant
Versus
State Of Bihar Through The Chief Secretary Bihar – Respondent
JUDGMENT :
1. Heard Mr. Umesh Prasad Singh, learned senior counsel for the petitioners, Sri Rajeev Kumar Verma, learned senior counsel for the Employees Provident Fund Organization and learned counsel for the State.
2. The petitioners in both the applications have filed their applications praying for quashing of the first information report of Gandhi Maidan P.S. Case no. 340 of 2021 registered on 17.7.2021 under sections 406 and 409 of the Indian Penal Code.
3. The FIR was registered on the basis of written statement dated 16.7.2021 of the Enforcement Officer, Regional Office, Employees Provident Fund Organization, Patna, Bihar addressed to the Officer In-charge, Police Station Gandhi Maidan, Patna. It was stated therein that M/s Sahabad Investment and Traders Ltd. (SINTRA) is an establishment covered under the provisions of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter referred to as ‘the EPF Act’) with effect from 31.7.1972 bearing code no. BR/PAT/2006. By letter dated 4.5.1976 SINTRA was granted relaxation under para 79 of the EPF Scheme, 1952, however as the establishment violated the conditions as mentioned in the letter dated 16.7.2021 of the E
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 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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