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2014 Supreme(Guj) 807

SONIA GOKANI
Pankaj Gupta – Appellant
Versus
State of Gujarat – Respondent


Advocate Appeared:
For Appellant/Petitioner/Plaintiff:C.R. Abichandani, Dharmesh V. Shah and Lalit M. Patel, Advocates
For Respondents/Defendant: C.M. Shah, Addl. Public Prosecutor

Judgment

Sonia Gokani, J.

1. By way of present petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, the petitioner Branch Manager of ICICI Bank Ltd. has prayed for quashing and setting aside the first information report being IIC. R. No. 146 of 2008 registered with J.P. Road Police Station, Vadodara and all the subsequent proceedings emanating therefrom against the petitioner. The present petition has arisen in the following factual background:--

"2.1. The petitioner is the authorised Branch Manager of ICICI Bank, Vadodara Branch, having its registered office at Landmark, Race Course Road, Vadodara.

2.2. An order came to be passed by the Regional Provident Fund Commissioner on May 13, 2008, which is alleged not to have been complied with by the present petitioner. The first information report alleges that M/s. ABB Ltd. has defaulted in Employees' Deposit Linked Insurance contribution and inspection charges for the period between October, 2006 to November, 2007. Resultantly, the Regional Provident Fund Commissioner II, issued such direction on May 13, 2008 under the provision of Section 8F of the Employees' Provident Fund









































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