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IN THE HIGH COURT AT CALCUTTA
AJAY KUMAR GUPTA
Om Prakash Saxena – Appellant
Versus
State of West Bengal – Respondent
Judgment :
Ajay Kumar Gupta, J.
1. The instant Criminal Revisional application has been filed under Section 482 of the Code of Criminal Procedure, 1973, by the petitioners who are the accused persons seeking quashing of the proceeding being Case No. C/324 of 2016 under Sections 14(1A), 14A(1) and 14(2A) of the Employees’ Provident Fund & Miscellaneous Provisions Act, 1952, pending before the Court of the Learned Judicial Magistrate, 1st Class, 1st Court, Barrackpore, including the Order dated July 13, 2016. By the said order, the Learned Magistrate took cognizance of the offences against the present petitioners.
FACTS OF THE CASE
2. The brief facts, leading to filing of this instant Criminal Revisional application, are that one Sanjay Biswas, Enforcement Officer, Employees’ Provident Fund Organization, Sub-Regional Office, Barrackpore lodged a petition of complaint against the present petitioners contending therein that the accused persons, being the Directors, were in charge of establishment, namely, M/s Bengal Waterproof Limited having its registered officer at “MMS Chambers”, 1st Floor, 4A, Council House Street, Kolkata – 700 001 and were responsible for the conduct of its business.
A person cannot be held liable for offences committed prior to their appointment, and proper sanction for prosecution is essential under the Employees Provident Fund & Miscellaneous Provisions Act, 1....
Initiating criminal proceedings before the final adjudication of the dispute would be an abuse of the process of law. Criminal liability arises only after the failure to deposit the determined amount....
Non-filing of returns under the Act is not a continuing offence if dues are settled, reinforcing prior judgments on the subject.
The liability of the employer and the transferee, the interpretation of contractual clauses, and the continuing nature of the offense under Section 468 of the Cr.P.C. were crucial in determining the ....
The legal point established is that for summons to be issued, the accused must be a natural or juridical person, and specific allegations are necessary for determining vicarious liability.
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