P.K. Chaubey v. The State of Bihar

8. P.K. Chaubey, S/o late Y.N. Chaubey, an officer/employee of the company residing at House No. 120, Road No. 21, Shri Krishnapuri, P.S. Budha Colony, Town & District – Patna. .... .... Petitioner/s Versus

The State of Bihar 2. Sunil Kumar, Enforcement Officer (Provident Fund Inspector), Employees Provident Fund Organization, Bihar, Road No.6, R. Block, Patna. .... .... Opposite Party/s ====================================================== --With-- Criminal Miscellaneous No.16776 of 2011 ====================================================== 1 M/s. Kalyanpur Cements Limited, a Public Limited Company, incorporated under the provisions of the Companies Act, 1956 having its Registered Office at 2 & 3, Dr. Rajendra Prasad Sarani, Kolkata-700 001 & its Central Office at Maurya Centre, 1, Fraser Road, Patna-800 001, through its authorized representative Mr. P.K. Chaubey, Vice President (Finance) & Company Secretary(Petitioner no.8).

Ranjit Singh, S/o late Pratap Singh, Ex. Director of the Company, R/o 10-B, Shri Krishnapuri, P.S. Shri Krishna Puri, Town & District –Patna.

D.N. Bhandari, S/o late P.N. Bhandari, one of the Directors of the Company, R/o ‘Shubham’, 24, Palam Spring, Anandvali, Gangapur Road, Nasik – 422 013 (Maharashtra).

B.C. Srivastava, S/o late Suresh Chandra, one of the Directors of the Company, Mangal Deep Apartment, Patliputra Colony, P.S. Patliputra Patna High Court Cr.Misc. No.15349 of 2011 (14) dt.31-07-2013 2 Colony, Town & District-Patna.

Dr. V.R. Sinha, S/o late Brajeshwar Prasad Sinha, Ex-Director of the Company, R/o Arrah Gardens, Sheikhpura, Bailey Road, P.S. Danapur, Town & District – Patna.

J.N. Trivedi, S/o late Chaturbhuj Tiwary, Ex-Director of the Company, R/o Gandhi Nagar, P.S. Shri Krishna Puri, Town & District-Patna.

S.P. Sinha, S/o late C.P. Sinha, one of the Directors of the Company (Chief Executive), R/o Arrah Gardens, Sheikhpura, Bailey Road, P.S. Danapur, Town & District-Patna. .... .... Petitioner/s Versus

1. The State of Bihar 2. Sunil Kumar, Enforcement Officer (Provident Fund Inspector), Employees Provident Fund Organization, Bihar, Road No.6, R. Block, Patna. .... .... Opposite Party/s ====================================================== --with-- Criminal Miscellaneous No.17336 of 2011 ====================================================== P.K. Chaubey, S/o late Y.N. Chubey, President (Finance)-cum-Company Secretary, M/s. Kalyanpur Cements Limited, Maurya Centre, 1, Fraser Road, Patna – 800 001. .... .... Petitioner/s

1. The State of Bihar 2. Sunil Kumar, Enforcement Officer, Employees Provident Fund Organization, Bihar, Road No.6, R. Block, Patna. Versus .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.15349 of 2011) For the Petitioner/s : Mr. Rajeev Ranjan Prasad Mr. Nilanjan Chattarjee For the State : Mr. Sunil Kumar Pandey, A.P.P. For the Opposite Party no.2 : Mr. R.S. Pradhan Mr. Jainendra Kumar (In Cr.Misc. Nos.16776/2011 & 17336/2011) For the Petitioner/s : Mr. Rajeev Ranjan Prasad Mr. Nilanjan Chattarjee For the State Mr. Sunil Kumar Pandey, A.P.P. For the Opposite Party no.2 : Mr. Prashant Sinha. ====================================================== CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH ORAL ORDER 14 31-07-2013 Heard learned counsel for the petitioners and learned counsel for the opposite parties. Patna High Court Cr.Misc. No.15349 of 2011 (14) dt.31-07-2013 3 These applications are filed for quashing the order dated 17th March, 2005 passed by learned Chief Judicial Magistrate, Rohtas at Sasaram in Complaint Case No. 45(O) of 2005 and Cr. Misc. No. 17336 of 2011 is also filed for quashing the order dated 20.01.2011 passed by learned Additional Sessions Judge-V, Rohtas, Sasaram in Cr. Revision No. 95 of

2008. Complainant of the above cases is an Enforcement Officer and Provident Fund Inspector under Section 13 of the Employee’s Provident Fund & Miscellaneous Provisions Act, 1952. He has alleged violation of Section 14(2A) of the Act for not submitting returns as required under Section 17(3A) of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 for the period of July, 2003 to September, 2003 of Cr. Misc. No. 15349 of 2011 and July, 2002 to September, 2002 of Cr. Misc. Nos. 16776 of 2011 & 17336 of 2011 before due date. The only legal point raised here is that violation is of July 2002 to September, 2002 and July 2003 to September, 2003 but complaint is lodged on 17.3.2005 if can be taken the date of cognizance then cognizance is time barred. Offence under Section 14(2A) of the Employees Provident Fund and Miscellaneous Provisions Act are Patna High Court Cr.Misc. No.15349 of 2011 (14) dt.31-07-2013 4 punishable for the maximum period of six months, so cognizance should be taken within a period of six months and no cognizance can be taken after that. Admittedly, cognizance has been taken in this case after a period of years. On the point of equity, amount of the deduction of Provident Fund from the employees for the concerned period has been deposited with the department though in the year 2005. Accordingly, these quashing petitions are allowed. The order dated 17th March, 2005 passed by the Chief Judicial Magistrate, Rohtas at Sasaram in Complaint Case No. 45(O) of 2005 is hereby quashed as well as the order dated

20.01.2011 passed by learned Additional Sessions Judge-V, Rohtas, Sasaram in Cr. Revision No. 95 of 2008. (Mandhata Singh, J.) Shail/-