High Court of KeralaCRL.A/910/2003dismissed

Enforcement Officer v. Thomas Stephan

2015-07-20Honourable Mr. Justice P.D.Rajan2 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.D.RAJAN MONDAY, THE 20TH DAY OF JULY 2015/29TH ASHADHA, 1937 CRL.A.No. 910 of 2003 ( ) -------------------------- AGAINST THE ORDER IN ST 80/1999 of C.J.M.,KOLLAM -------------------------- APPELLANT(S):

---------------------- ENFORCEMENT OFFICER, OFFICE OF THE PROVIDENT FUND INSPECTOR, PROVIDENT FUND DEPARTMENT, HOSPITAL ROAD, KOLLAM.

BY ADV. SRI.N.N. SUGUNAPALAN, SC, PROVIDENT FUND RESPONDENT(S):

-------------------------

1. M/s.THOMAS STEPHAN & CO., REPRESENTED BY ITS GENERAL MANAGER, BEACH ROAD, KOLLAM.

2. V. RAMACHANDRAN NAIR, GENERAL MANAGER, M/S.THOMAS STEPHAN & CO., BEACH ROAD, KOLLAM.

3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 20-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STK

P.D. RAJAN, J.

------------------------------- C.R.A.No.910 of 2003 ---------------------------------------------- Dated this the 20th day of July, 2015

JUDGMENT

This criminal appeal is filed against an order in S.T.80/99 of the Chief Judicial First Class Magistrate Court, Kollam. The Enforcement Officer, Office of the PF Inspector, Kollam preferred a complaint before the Chief Judicial First Class Magistrate Court, Kollam for violation of certain provisions of the Employees Provident Fund Act. On 6.8.02 the complainant was absent, the learned Chief Judicial Magistrate acquitted the accused under Section 256(1) Cr.P.C. Earnest effort has been made by the counsel to trace out the respondent, but it was in vain. Since the matter is pending before this court from the year 2003 onwards, no meaning in continuing this small matter. On 6.8.02 the complainant was absent, the learned Chief Judicial Magistrate acquitted the accused under Section 256(1) Cr.P.C. I find no illegality in the order. The order of acquittal made by the trial court is confirmed. No merit in this appeal and it is dismissed accordingly.

P.D. RAJAN, STK JUDGE //TRUE COPY// P.A. TO JUDGE