Gopal Krishan Vyas, J. - (1.) In this petition filed under Section 482, Cr.P.C., the petitioners are challening order dated 18.09.2001 passed by Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Udaipur in Criminal Revision No.21/2001, whereby, the revisional Court dismissed the revision filed against order dated 21.12.2000 passed by Judl. Magistrate No.2, Udaipur (North), by which, charge under Sections 406 and 409, I.P.C. was framed against the petitioners.
(2.) Learned counsel for the petitioners submits that on 11.03.1998 Enforcement Inspector, employee of the Provident Fund Department, Udaipur sent a report through post to Police Station Ambamata to the effect that Perfect Thread Mills Ltd. Amberi is an employer within the meaning of Employees Provident Fund & Misc. Provisions Act and according to provisions of the Act the said company was under obligation to deduct contribution from the wages of the employee towards the provident fund, then, they are required to deposit the deducted amount within 15 days along with the company's contribution but, at the time of inspection on 06.03.1998, it was found that said amount towards provident fund was deducted from August 1997 to January 1998. Said amount was to the tune of Rs. 5,78,962/-, however, the amount was not deposited by the employer in the provident fund account.
(3.) The police, after investigation, filed final report in the matter stating that the case is of civil nature, then, the Magistrate issued notice to the complainant upon the FR and, after hearing the complainant, took cognizance against the petitioners and proceeded to frame charge against the petitioners vide order dated 21.12.2000.;