P.J.Thomas v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 18TH DAY OF DECEMBER 2015/27TH AGRAHAYANA, 1937 Crl.MC.No. 7902 of 2015 () --------------------------- CC 1156/2010 of JUDICIAL FIRST CLASS MAGISTRATE COURT- I, CHERTHALA ------------ PETITIONER/PETITIONER :

------------------------------------ P.J.THOMAS ASSISTANT PROVIDENT FUND COMMISSIONER, KOCHI. BY ADVS.DR.S.GOPAKUMARAN NAIR (SR.) SRI.S.PRASANTH, SC, EMPLOYEES PROVIDENT FUND ORGANISATION RESPONDENTS/RESPONDENTS :

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

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

2. THE PROPRITOR, M/S. SAGAR ASSOCIATE, S.L.PURAM, ALAPPUZHA, PIN - 688 523.

R1 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

Crl.MC.No. 7902 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNX.I: - TRUE COPY OF THE NOTICE DATED 24.11.2014 RECEIVED BY THE PETITIONER FROM SMT.SHYMALA, ASSISTANT PUBLIC PROSECUTOR, GRADE-II, JUDICIAL FIRST CLASS MAGISTRATE COURT-I, CHERTHALA.

ANNX.2: - THE TRUE COPY OF THE AUTHORIZATION DT. 13.03.2015 ISSUED IN THE NAME OF SHRIP.SUNIL.

ANNX.3: - THE TRUE COPY OF THE STATEMENT DT. 13.03.2015 BEFORE THE COURT ALONG WITH THE COPIES OF DOCUMENTS.

ANNX.4: - THE TRUE COPY OF THE SUMMONS DT. 11.11.2015.

ANNX.5: - THE TRUE COPY OF THE ORDER IN THE CRL.M.C NO.59/2012 RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY// P.A.TO JUDGE bp

B.KEMAL PASHA, J.

================ Crl.M.C. No. 7902 of 2015 ======================= Dated this the 18th day of December, 2015

O R D E R

Heard the learned counsel for the petitioner.

2. It has been pointed out that twice the Assistant Provident Fund Commissioner, Regional Provident Fund Office, Kaloor, had appeared with all the documents as called for before the court below. He had to wait till 5 p.m. on both the occasions. Thereafter, the case was adjourned. The Assistant Provident Fund Commissioner has authorized the Enforcement Officer of the Employees Provident Fund Organization to produce those documents before the court below and to depose.

3. The court below shall not to insist the personal presence of the petitioner any further, unless any personal information through his deposition is required

Crl.M.C. No. 7902 of 2015 -: 2 :- to be recorded in the case. The Enforcement Officer of the Employees Provident Fund Organization shall be allowed to produce those documents. The court below is further reminded that even the Enforcement Officer, who will be present on the next posting date, should be examined on that day itself without adjourning the matter any further.

This Crl.M.C is disposed of accordingly.

Sd/- B.KEMAL PASHA, JUDGE stu