IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR ON THE 17TH OF FEBRUARY, 2026 MISC. CRIMINAL CASE No. 37825 of 2023 REV. NAVEEN PAUL TADGE Versus THE STATE OF MADHYA PRADESH Appearance:

Shri Pankaj Bagadiya, advocate for the petitioner.

Shri Santosh Singh Thakur, public prosecutor for respondent/State.

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ORDER

This petition under Section 482 of the Code of Criminal Procedure is filed for setting aside of the order dated 26.6.2023 passed by Judicial Magistrate First Class, Ratlam and for quashing of the proceedings and summoning order issued against the petitioner.

2. The exposition of facts, giving rise to present petition, is as under:

a. Jataram Ghosare, Rajesh, Rakesh, Sushila, Kala, Enjalina, Mala, Kusumbai, Rekha Ghosare, Dr. S.R. Dutta, Naveen Tatake and Yohan Chouhan claiming to be employees of Ratlam Christian Hospital filed a written complaint for offence punishable under Section 406 of IPC and Section 7A of The Employees' Provident Funds and Miscellaneous Provisions Act, inter-alia alleging that they were working at Ratlam Christian Hospital. They were given GPF Account number. The respondents/accused were responsible for payment of salary and deposit of provident fund. The accused did not pay salary and their monthly reduction amount towards provident fund since October, 2009 upto July, 2013, thereby accused have committed criminal misappropriation and the offence punishable under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (referred to as The Act of 1952' hereinafter). The Judicial Magistrate First Class, Ratlam forwarded the complaint under Section 156(3) of Cr.P.C. for investigation to the Police Station, Industrial Area, Ratlam. The Police Station, Industrial Area, Ratlam after enquiry registered FIR at crime No. 381 of 2014 for offence punishable under Section 406 of I.P.C. The final report was submitted on completion of investigation before the Judicial Magistrate First Class, Ratlam on

21.1.2016.

b. The Judicial Magistrate First Class, Ratlam took cognizance of offence punishable under Section 406 of IPC and Section 7A he Act of 1952 against accused R. Dutta, Yohan Chouhan and father Naveen Pal Tadge (the petitioner herein). The Judicial Magistrate First Class, Ratlam vide order dated 25.5.2016 while hearing on framing of charge, considered the provisions of Section 14AC of he Act of 1952 and directed the prosecution to file sanction for prosecution of the competent authority before further proceeding with the trial. The trial was kept pending for filing the sanction for prosecution. The trial Court vide orders dated 24.6.2022, 21.9.2022 and 12.12.2022 again specifically directed the prosecution and concerned Police Station to file sanction for prosecution by the competent authority. The direction continued till 26.6.2023.

c. The learned Judicial Magistrate First Class, Ratlam vide impugned order dated 26.6.2023 considered the correspondence between the Public Prosecutor and the Collector, Ratlam and concluded that since the Christian Hospital is a private organization, the sanction for prosecution is not required to proceed with the trial. Accordingly, the case was fixed for hearing on charge.

3. The present petition under Section 482 of the Cr.P.C. is filed, feeling aggrieved by the impugned order, on following grounds:-

A. The petitioner Naveen Paul Tadge was appointed as Honorary Chairman as a ceremonial post. He was neither an employee nor the employer of the Christian Hospital.

B. Section 14AC of the Act of 1952 mandates previous sanction of the Central Provident Fund Commissioner on report of the authorised Inspector. The trial Court initially held that sanction for prosecution is mandatory but later, recalled its own order and erroneously concluded that sanction for prosecution is not required. C. The learned tria