ORDER :

1. The Criminal Original Petition has been filed under Section 482 of Cr.P.C., seeking to quash the F.I.R., registered in Crime No.RC2292020A0007 of 2020, dated 12.11.2020 on the file of the respondents.

2. The facts that are necessary for deciding the present case are as follows:

a) The Government of India through its Ministry of Housing and Urban Poverty Alleviation had introduced a scheme called “Prime Minister's Awas Yojana Scheme” to provide subsidy for construction of house for the homeless poor citizens of India. In order to extend the benefits under the Prime Minister's Awas Yojana scheme, Central Government had inserted a new provision Para 68BD in the Employees' Provident Fund Scheme, vide Gazette Notification No. G.S.R. 351(E), dated 12.04.2017, extending the scheme benefits to the homeless provident fund subscribers. The Additional Central Provident Fund Commissioner directed all the Regional Provident Fund Commissioners to give wide publication of the EPFO Housing scheme through circular, dated 21.04.2017. As per the directions of the office of the Central Provident Fund Commissioner, the Assistant Provident Fund Commissioner EPF Organisation, SRO, Tirunelveli contacted the first petitioner, who was then serving as HR in the M/s. St.John's Freight System limited, Tuticorin and requested to commence the scheme for the welfare of the employees of that company.

b) M/s. St.John's Freight System limited, Tuticorin is a company carrying out business on engaging in multiple service providers in Logistic and Shipping Industry. The first petitioner, who was then serving as Senior Assistant General Manager HR has canvassed before the employees of the said company and initially 25 employees expressed their interest in joining the scheme and later almost 160 employees have expressed their readiness to join as members of the society to be formed. After giving necessary intimation to the Assistant Provident Fund Commissioner, Tirunelveli, the first petitioner formed a society and got it registered on 17.07.2017 in the office of the District Registrar, Tuticorin in the name and style of M/s. St.John Employees Welfare Society. As per the terms of the scheme, the society, after opening a bank account in its name at Vijaya Bank, Tuticorin, had submitted the individual application forms of the members to the EPF Officer, Tirunelveli. After approval of the applications of 141 members of the society, a sum of Rs.1,50,14,600/- was sanctioned and subsequently, another sum of Rs.34,36,300/- was sanctioned, all totalling Rs.1,84,50,900/- and the same was credited into the bank account of the 2nd petitioner society.

c) After sanctioning of the amount and crediting the same into the 2nd petitioner society, FIR came to be registered for the offences punishable under Sections 120B r/w Section 406 IPC and under Sections 13(2) r/w 13(1) (d) of Prevention of Corruption Act, 1988, alleging that during the period 2017-2019 unknown officials of EPF, Tirunelveli, entered into criminal conspiracy with the first petitioner and in pursuance of the same, the public servants abusing their official position, caused pecuniary advantage to the 2nd petitioner society, represented by the first petitioner, in the matter of release of EPF amount and amount was misused, thereby causing loss to the Government Exchequer. It is necessary to refer the 3rd paragraph in the body of the FIR, which refers to the allegations and accusations made against the petitioners;

“Information revealed that M/s. St.John Freight System Limited, Tuticorin formed a housing society in the name of St.John's Employees Welfare Society. Proceedings U/s. 7A of EPFO Act was pending against M/s.St.John Freight System Ltd., Tirunelveli which is represented by A-1 Shri. G.Thomas, for defaulting the payment of contribution in the PF amount. Though the proceeding was pending, the claim submitted by the Society A-2 on behalf of 141 members, was processed, sanctioned and amount of Rs.1,84,50,600