The Regional Provident Fund ... vs The State Of Jharkhand
2022 Latest Caselaw 4867 Jhar

                       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                    Acq. Appeal (S.J.) No.16 of 2008
                                           ....

The Regional Provident Fund Commissioner, Purulia High Way Road, Mango, Jamshedpur .... Appellant Versus

1. The State of Jharkhand

2. M/s Harishchandra Vidya Mandir, At & P.O. Kandra, District-West Singhbhum

3. Sri Subhash Chandra Varshani @ Varsanai, President of Harishchandra Vidya Mandir, 41 Hazra Road, 5th Floor, Kolkata, District-Kolkata

4. S.D. Singh, Honorary Secretary of Harishchandra Vidya Mandir, At present Acting Manager of M/s Seraikella Glass Works limited, Kandra, District-West Singhbhum .... Respondents ....

              CORAM:          HON'BLE MR. JUSTICE RAJESH KUMAR

                For the Appellant            : Mr. Sanjeev Kr. Sahay, Adv.
                For the State                : Mr. V.K.Vashistha, Spl. P.P.
                For the Respondents          : Ms. Surabhi, Adv.
                                             ....
08/05.12.2022             The present acquittal appeal has been filed against the judgment and

order of acquittal dated 09.04.2002 passed by the Judicial Magistrate 1st Class, Seraikella in C/2 Case No.110 of 1996 corresponding to T.R. No.433 of 2002.

It appears that the trial court after evaluating the evidence produced before him has acquitted the appellant from the charged Sections i.e. under Sections 14(1A)14(B) of the E.P.F. & M.P. Act. Para 76 of the E.P.F. Scheme read with Section 14A (1) & 14 AA of the E.P.F. & M.P. Act.

From perusal of record, it appears that one another case has also been filed against the same accused persons for different period and they have also been acquitted. Against the order of acquittal, acquittal appeal has been filed and the matter has been remitted by this Court vide order dated 10.04.2018 passed in Acquittal Appeal No.10 of 2006 and the matter has been remanded back to the court below for fresh consideration. The said order has been challenged before the Hon'ble Apex Court and the order has been upheld.

In pursuance of order of the High Court, the matter has been reconsidered by the court below and the order of acquittal has been maintained vide order dated 25.03.2019 passed in C/2 Case No.130 of 1996.

From perusal of record, it appears that the evidences and allegations are same save and except the period.

Since in another trial, after evaluating the evidence, the order of acquittal has been maintained, this Court finds no reason to interfere with the order of acquittal passed in the present case. Accordingly the instant acquittal appeal stands dismissed.

(Rajesh Kumar, J.) Shahid/