Rajeev Jagmohan Arora And ANR. v. The State Of Maharashtra And ANR.

20.wp3896.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3896 OF 2019 Rajeev Jagmohan Arora & anr.

...Petitioners.

Versus

The State of Maharashtra & anr.

...Respondents.

Mr. A.R. Maurya i/b. Arm Legal, advocate for petitioners. Smt. S.D. Shinde, APP for State.

CORAM : B.P. DHARMADHIKARI & SMT. SADHANA S. JADHAV, JJ.

DATE : NOVEMBER 28, 2019.

P.C.:

The petitioners have deposited an amount mentioned in FIR few days after FIR.

They have not pointed out to this Court number of employees and provident fund due to them in accordance with law for the said period.

Only contention is in absence of enquiry under section 7-A of EPF Act, such an offence could not have been registered. The other contention is staff entrusted with responsibility of depositing PF did not perform his duty. FIR shows that PF deduction was done, but it was not credited to PF department. Talwalkar

20.wp3896.19.doc We in this situation, are not inclined to intervene in extraordinary jurisdiction. However, we keep all contentions of the petitioners open and with liberty to raise the same before court at appropriate juncture dispose of present petition. (SMT. SADHANA S. JADHAV, J) (B.P. DHARMADHIKARI, J) Talwalkar