Madhumati Mitra, J. - (1.) Opposite party no.2, the Enforcement Officer, Employees Provident Fund Organization lodged an FIR with Chakdaha Police Station against the present petitioners on 23.07.2012, alleging offence of criminal breach of trust punishable under Sections 405/406/409/34 of the Indian Penal Code for non-deposit of a sum of Rs.9,17,448.00/- as the Employees and Employer's Share of Provident Fund contribution with the appropriate Authority after deducting the employees' share from their salary/wages for the period from 02/2012 to 06/2012. After completion of investigation charge-sheet was submitted against the present petitioners for commission of the alleged offences punishable under Section 405/406/409/34 of the Code of Criminal Procedure.
(2.) Learned Additional Chief Judicial Magistrate, Kalyani sent the case record to the Court of Learned Special Judge, Nadia, at Krishnagar for trial.
(3.) The Petitioners prayed for an order of their discharge under Section 227 of the Code of Criminal Procedure before the Learned Special Judge, Krishnagar, Nadia.;