D.G.R. Patnaik, J.

1. Petitioners have prayed] for quashing the order dated 26.11.19871 passed by the learned Judicial Magistrate, Dhanbad in G.R. No. 3584 of 1985 arising out of Chirkunda P.S. Case No. 245 of 1985, whereby the learned Court below has taken cognizance for the offence under Section 406, IPC against the petitioners and also for quashing the entire criminal proceeding pending against them vide aforesaid order.

The primary ground taken in support of the prayer is that the order of cognizance as passed by the learned Court below is bad both on points of law as well as on facts due to the reason that the learned Court below has failed to appreciate that even if taking the entire allegations in the complaint against the petitioners to be true, no offence under Section 406, IPC could be attracted. Another ground on which equal emphasis has been placed is that since the allegation refers to the alleged violation of the Employees Provident Fund

Act and since the Act being a special Act contains penal provision in respect of the violation of the provisions of the Act, the offences under the Indian Penal Code can not be attracted, nor can the petitioners be tried for any