IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.5985 OF 2013 BETWEEN:
1. B A AKMAL S/O LATE C A ABDUL LATIF AGED ABOUT 55 YEARS BUSINESSMAN 2. NAFEESA AKMAL W/O LATE C A ABDUL LATIF AGED ABOUT 40 YEARS BOTH ARE R/O UPPALLI CHICKMAGALUR TALUK AND DIST-577104 ... PETITIONERS (BY SRI: ARUNA SHYAM M, ADVOCATE) AND THE ENFORCEMENT OFFICER EMPLOYEES PROVIDENT FUND ORGANISATION SUB REGIONAL OFFICE RATNAGIRI CHICKMAGALUR-577101 (BY SRI: G.M. ANANDA, ADVOCATE) ... RESPONDENT THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ORDER DATED 06.03.2013 IN C.C.NO.215/2013 ON THE FILE OF THE PRL. C.J. AND J.M.F.C., CHIKMAGALUR AND ALL FURTHER PROCEEDINGS PURSUANT THERETO, IN SO FAR AS IT RELATES TO THE PETITIONERS.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard learned counsel for the petitioners and learned counsel for the respondent.
Perused the petition.
2. Petitioners have sought to quash the order dated 06.03.2013 in C.C.No.215/2013. Certified copy of the said order is not forthcoming in the petition. The order-sheet does not disclose that the learned Magistrate has passed any order on 06.03.2013. Even otherwise, the allegations made against the petitioners is that petitioner No.1 being the proprietor of M/s. National Wood Industries, Chickmagalur and petitioner No.2 being Proprietor of M/s National Slate Frame Works have failed to remit the amount collected by them towards Provident Fund contribution of the employees collected during the period 16.01.2012 to 26.01.2013. The allegations made against the petitioners are sought to be substantiated through cogent evidence.
No other legal contentions are urged in the petition warranting interference by this Court under Section 482 Cr.P.C.
Consequently, the petition is dismissed.
In view of dismissal of the main matter, I.A.No.1/2013 for stay does not survive for consideration. Accordingly, it is dismissed.
Sd/- JUDGE *mn/-