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1960 Supreme(MP) 72

H.R.KRISHNAN
MUHAMMAD HUSSAIN BHAI – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


JUDGMENT :

( 1. ) CRIMINAL Revision No. 177 of 1959 is a reference by the Additional Sessions Judge, Ujjain, on an application in revision by the Provident Fund Inspector; Criminal Revision No. 267 of 1959 is an application in revision filed in this Court by the said inspector; himself. Both arise from the orders of the Magistrate, Ujjain, dismissing three complaints by the said inspector on the ground that the allegations mentioned in them, did not constitute the offences under the respective counts, because the law creating them had been brought into force after the omissions had been committed.

( 2. ) THE accused (non-applicants), who are the proprietors of a textile mill at Ujjain, were in those complaints charged under three counts:

(i) Under Section 406, Indian Penal Code, for criminal breach of trust in respect of amounts deducted during the months, January, February and March 1953, from the wages of their employees as contribution to the Employees Provident Fund, which the accused employers retained themselves and failed to deposit into the fund (actually it is alleged that this is the position during the whole year 1953, but the complaints as such are in regard to the three m


















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