Rongon Mukhopadhyay, J. - (1.) HEARD learned counsel for the petitioners and the learned counsel for the State.
(2.) IN this application, the petitioners have prayed for quashing the entire criminal proceeding in connection with Khelari P.S. Case No. 72 of 1997, G.R. No. 1880 of 1997 including the order dated 4.3.2002, passed by learned Chief Judicial Magistrate, Ranchi, whereby and whereunder, cognizance has been taken for the offence punishable under sections 406, 409/34 of the Indian Penal Code. It appears that an FIR was instituted by the Enforcement Officer, Employees' Provident Fund, Bihar, Ranchi, alleging therein that the employer M/s Lemos Cement Ltd. Khelari has failed to deposit the provident fund amount of the employees/workmen amounting to Rs. 12,63,690/ - in respect of the period from August, 1996 to April, 1997 in spite of deductions made from their salary/wages. It has been further alleged that the employer M/s Lemos Cement Ltd. Khelari committed a breach of trust in respect of the employees' share of provident fund contribution.
(3.) ON the basis of the aforesaid allegations, Khelari P.S. Case No. 72 of 1997 was instituted. After investigation, the case having been found to be true, chargesheet was submitted and thereafter vide order dated 4.3.2002, the learned Chief Judicial Magistrate, Ranchi has been pleased to take cognizance against the petitioners for the offences punishable under sections 406, 409/34 of the Indian Penal Code.;