IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
T. SURENDRAN – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. details of the accusation against the petitioner concerning corporate responsibilities. (Para 1 , 2 , 3) |
| 2. arguments presented regarding quashing based on prior judgments. (Para 4 , 5 , 6) |
| 3. court's rationale for exercising inherent powers to quash the complaint. (Para 7) |
ORDER
The petitioner is the third accused in S.T. No.
2487/2005 on the file of the Court of the Judicial First Class Magistrate, Tirur (‘Trial Court', for short), which has been registered on the basis of Annexure A private complaint filed by the second respondent alleging that the petitioner, along with the accused 1 and 2, have committed the offences punishable under Sections 14 (2) and 14(A) of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 , and paragraph No.
42(d) of the Employees Pension Scheme.
2. The petitioner has filed the Criminal Miscellaneous Case, inter-alia, contending that, even if the allegations in Annexure A complaint are taken on their face value, the same would not attract the above offences against the petitioner. The petitioner was only the General Manager of the first accused company. There is no allegation that the petitioner was in charge of the day
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