HARI SHANKAR PRASAD, J. - (1.) THIS application under Section 482, Cr PC has been filed for quashing the order dated 2.2.1999 passed in C/l. Case No. 31/99, whereby and whereunder the learned Judicial Magistrate, First Class, Jamshedpur took cognizance for an offence under Sections 420/406 of the Indian Penal Code and for quashing the entire criminal proceeding initiated against the petitioners.
(2.) FACTS leading to the filing of the application are that the opposite party No. 2 lodged a complaint case against the petitioners alleging, inter alia, therein that the complainant was employed in the Family Welfare Clinic, which was being run under the Supervision and control of All India Women 'sConference at Jamshedpur. It is alleged that some amount, on account of provident fund, was being deducted from the salary of the complainant and certain amount had been transferred to the Regional Provident Fund Commissioner by All India Women 's Conference, Jamshedpur, constituent Branch but the interest accrued on the amount", which was lying in the Bank, has not been paid to the complainant and as such the petitioners are alleged to have committed an offcence under Sections 420/406, IPC. Learned counsel appearing for the petitioners submitted that All India Women 's Conference is a Society registered under the Societies Registration Act and it has branches through out the country and the aforesaid society is a purely philanthropic and charitable institution without any profit motive. It is also submitted that aforesaid society has been constituted to work for the creation of a society on the principles of social justice, personal integrity and equal rights and opportunities for all and to sport the claim of every citizen to the rights to enjoy basic civil liberties. It is also submitted that the aforesaid society, for the purpose of welfare, opened a family welfare clinic and for running the welfare clinic, some employees were employed by the said society. It will be evident from the complaint petition that petitioner Nos. 1 and 2 are the honorary office bearers of the said family welfare clinic and petitioner No. 3 is the Honorary Secretary of All India Women 'sConference, Jamshedpur Branch. She is an active social - worker associated with variously well known social welfare organizations. It is also submitted that even all the allegations, as levelled in the complaint petition, are taken to be correct in its entirety, no offence far less any offence under Sections 420/407, IPC is made out as against the petitioners. It is also submitted that amount standing on account of provident fund, has been transferred to the account of Regional Provident Fund Commissioner, Ranchi and as a matter of fact, there was some dispute as to whether the family welfare clinic will come under the provisions of Employees Provident Fund and Miscellaneous Provisions Act or not but ultimately a proceeding was initiated under Section 7 - A of the said Act against the said family welfare clinic and as soon as the proceeding was initiated, the society transferred the entire amount to the Regional Provident Fund Commissioner and the Regional Provident Fund Commissioner by an order dated 5.2.1996 assessed the amount of Rs. 3 lacs and odd and in the said order it has been mentioned that after initiation of the proceeding the entire amount has been paid to the Regional Provident Fund Commissioner. (Annexure 2). It is also submitted that before transfer of the amount to the Regional Provident Fund Commissioner, the entire amount was deposited in a Bank in a separate account and for non -payment of provident fund dues within time a proceeding was initiated under Section 14 -B of the said Act and by an order dated 1.10.1997 the society was directed to pay a sum of Rs. 49,331/ - by way of damages (Annexure 3) and the society had already paid the aforesaid amount. The only allegation that remains is in relation to non -payment of interest, which accrued on the amount of provident fund, which was lying in the ibstfik. The said welfare clinic has already beet* JOtosedi down and the amount, which Wa
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