Faiyazuddin Ansari vs State Of Jharkhand And Another

Sanjay Kumar Dwivedi, J

This petition has been filed for quashing of the entire criminal proceeding in C.G.Case No.5 of 2014 including order dated 24.4.2014, pending before learned Chief Judicial Magistrate, Palamau.

The complaint case was filed alleging that petitioner and another coaccused are running a firm in the name of M/s Children Paradise Abadganj, Daltonganj. They failed to pay provident fund and employers share of contributions for the month of 08/02 to 10/03 Rs.1,30,508/- and employees’ pension fund the employers contribution for months 8/02 to 10/03 Rs.69,377/- and interest under section 7 of the Act for Rs.60,088/- and also failed to submit to the Regional Provident Fund Commissioner, Ranchi the consolidated statement in accordance with the provisions.

The learned counsel for the petitioner submits that petitioner received summons issued from the office of O.P.No.2 in which it is mentioned that the petitioner has not deposited a sum of Rs.2,99,471/- under the EPFO. The petitioner replied to the notice dated 30.11.2010 and denied allegations and denies that he is president of M/s Children Paradise. On these background he submits that the entire criminal proceeding is bad in law.

The learned counsel for the O.P.No.2 submits that the petitioner has tried to mislead the Court because the postman of Abadganj, Daltonganj reported that in Abadganj there is one school in the name of Children Paradise Public school and there is no school in name of Children Paradise and he submits that it can only be decided in the trial.

Learned counsel for the State submits that learned court has taken cognizance.

In view of above submission of the parties the Court has gone through the materials on record and finds that looking to the order taking cognizance it transpires that the word cognizance has been written in blank space which suggest non application of mind and further what are the prima facie materials against the petitioner is not disclosed in the cognizance order.

Accordingly, order taking cognizance dated 24.4.2014, pending before learned Chief Judicial Magistrate, Palamau is set aside.

The matter is sent back to the learned concerned court to pass fresh order in accordance with law.

Pending petition if any also stands disposed of.