( 1 ) THIS Rule is at the instance of three accused petitioners for quashing the criminal proceedings under section 406 I. P. C. , being case No. C/4564 of 1969, pending against them and another co-accused, in the court of Shri K. Ahmed, Sub-Divisional Magistrate, Asansol, Burdwan.

( 2 ) THE facts leading on to the Rule are short and simple. The three accused petitioners as well as the co-accused, are the Directors of the Searsole. Coal Company Ltd. , the owner of the Searsole, colliery in P. S. Ranigunge Asansol, District Burdwan, having its Head Office at 22, Chittaranjan Avenue, Calcutta. A petition of complaint under section 406 I. P. C. was filed on 16. 10. 69 by Shri L. Chandra, Coal Mines Provident Fund Inspector, Kharsuli, Ranigunge, District Burdwan under the direction of the Coal Mines Provident Fund Commissioner against four persons in the court of the Sub-Divisional Magistrate, Asansol. The prosecution case stated therein; inter alia is that the Searsole Colliery is owned by the Searsole Coal Company Ltd. and the four accused persons are the directors or the owner of the company; that the accused no. 1, N. K. Jhajharia is the nominated owner for the