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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
T. SURENDRAN – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. facts about the complaint and allegations against the petitioner. (Para 1 , 3) |
| 2. arguments against the allegations and request for complaint quashing. (Para 2 , 5) |
| 3. court's consideration of counsel arguments without opposition. (Para 4 , 6) |
| 4. court's rationale for quashing complaint based on managerial involvement. (Para 7) |
ORDER
The petitioner is the third accused in S.T. No.
2486/2005 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 al
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