This criminal petition under Section 482 Cr.P.C. seeking quashing of EPF proceedings was filed without complying with a prior order directing submission of returns. The court held the petition was not maintainable and dismissed it.
The Criminal Petition is dismissed.
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THE HON’BLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No.2143 OF 2016
ORDER:
This Criminal is filed by the petitioner, under Section 482 Cr.P.C., seeking to quash the proceedings against him in STC No.616 of 2013 one the file of the learned Judicial Magistrate of First Class, Special Mobile at Medak.
Heard and perused the material available on record.
The offence alleged against the petitioner is punishable under Section 14(2) of E.P.F. & M.P. Act 1952 r/w. para 76 (b) of E.P.C. Scheme, 1952.
When the matter is taken up, learned counsel for the
2nd respondent submitted that the petitioner already approached this Court for quashing the proceedings in the above case by filing Crl.P. No.10209 of 2014, and this Court vide order, dated 15.09.2014, disposed of the said criminal petition directing the petitioner to submit his returns within a period of three months from the date of receipt of a copy of that order and that the petitioner, without complying the said order, filed the present application for quashing the proceedings against him, which is not maintainable.
A perusal of the record discloses that the petitioner has already approached this Court by filing Crl.P. No.10209 of 2014 for quashing the proceedings against him in the above STC and this Court passed the following order on 15.09.2014:
“In the above circumstances, the petitioner herein is directed to submit his returns within a period of three months from the date of receipt of a copy of this order. On such submission, the respondents are directed to report the same to the Court below. On such report, the Court below is directed to dispose of the matter, in accordance with law.”
Again, the petitioner filed the present application seeking the same relief, without complying with the direction issued in the earlier petition, which is not maintainable. Therefore, this Court is not inclined
to grant the relief sought for by the petitioner.
Accordingly, the Criminal Petition is dismissed. Consequently, miscellaneous petitions pending, if any, shall stand closed.
______________ RAJA ELANGO, J March 23, 2016. KTL
2 issues framed by the court
Whether a fresh criminal petition seeking quash of proceedings is maintainable when the petitioner has approached this Court earlier without complying with the court's directions.
Whether the petitioner is allowed to file a subsequent application to quash proceedings without complying with the direction to submit returns issued in the earlier petition.
3 provisions across 3 enactments
Petitioner
2nd Respondent
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
