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2018 Supreme(Cal) 419

MD.MUMTAZ KHAN
Ajay Jalan – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sabyasachi Banerjee, Mr. Swaraj Shaw, Mr. Jai Kr. Surana
For the Opposite-Party : Mr. Anil Kr. Gupta : Mr. Imran Ali

JUDGMENT :

Md. Mumtaz Khan, J.

1. The instant revision has been preferred by the accused persons/petitioners praying for quashing of the proceeding of G.R. Case No. 2258 of 2014 arising out of Hare Street Police Station Case No. 642 of 2014 under Section 406/409/34 of the Indian Penal Code pending before the court of learned Chief Metropolitan Magistrate, Kolkata.

2. On November 19, 2014, Enforcement Officer, Employees Provident Fund Organization(Opposite party no.2) inspected the establishment M/s Ultimo Logistics Private Limited having its office at 9 Dacres Lane (1st floor), Kolkata 700069 and also at 10, Government Place East Kolkata 69. During inspection he noticed that the petitioners being employers/Managing Director/Directors and the persons responsible for the conduct of the business of the said company though deducted a sum of Rs. 2,33,742/-from the salary/wages of the employees as employees share of Provident Fund contribution for the period from March 2012 to October 2014 but not deposited the amount with the statutory fund in violation of Section 6 of the Act read with Para 38 of Employees Provident Fund Scheme. Accordingly, he lodged a complaint against the petitioners f

































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