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2007 Supreme(Cal) 165

SAILENDRA PRASAD TALUKDAR
KAMALA TEA COMPANY LIMITED – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
ASHIM KUMAR ROY, HIMANGSU DE, Joy Sengupta, JOYMALYA BAGCHI, KAUSHIK CHATTERJI, KAZI SAFIULLA, MIHIR KUNDU, P.D.MUKHERJI, P.F.AUTHORITY, R.P.BHATTACHARJI, R.S.CHATTERJEE, S.C.Prasad, S.K.MALLICK, S.P.TIWARY, SEKHAR BASU, SUMAN DE

( 1 ) THE subject-matter of controversy in all the five abovementioned cases being substantially the same, the said applications under Sections 401/482 of the Code of Criminal Procedure were heard at a time.

( 2 ) GRIEVANCES of the petitioners as ventilated in the various applications, may briefly be stated as follows:

( 3 ) THOUGH employees' share of contributions towards Provident Fund were deducted by the respective employers from the wages of the employees, they failed to pay or deposit such contributions to the statutory find. By not paying such amount to the statutory fund though recovered from the wages of the members of the employees, there had been a failure on the part of the employers which amounted to an offence of criminal breach of trust under Section 405 of the Indian Penal Code.

( 4 ) CONCERNED Provident Fund authorities lodged complaints against the petitioners in the various cases, as referred to. On the basis of the same cases under Sections 406/409 of Indian Penal Code were started against the petitioners. By filing such applications under Sections 401/ 482 of the Code of Criminal Procedure, the petitioners in the various cases sought for quashing of the said


























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