Kerala High Court
Sujith Sreenivasan vs Employees State Insurance Corporation on 8 November, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
Crl.M.C. No.3732 of 2019
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
CRL.MC NO. 3732 OF 2019
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.94
OF 2018 OF CHIEF JUDICIAL MAGISTRATE, THRISSUR
PETITIONERS/ACCUSED:
1 SUJITH SREENIVASAN
AGED 52 YEARS, S/O. SREENIVASAN, KAKKANATTU
HOUSE, SINDHU VIHAR, CHEROOR, THRISSUR
DISTRICT, PIN - 680 022
2 M/S. U.S.HOUSING AND CONSTRUCTION
B.T.S.SUNNY BUILDING, ASWANI JUNCTION,
P.O.THIRUVAMBADI, THRISSUR DISTRICT,
PIN - 680 022, REPRESENTED BY ITS MANAGING
PARTNER, SUJITH SREENIVASAN.
S/O. SREENIVASAN
BY ADVS.
K.VISWANATHAN
SRI.DINESH MATHEW J.MURICKEN
RESPONDENTS/COMPLAINANT:
1 EMPLOYEES STATE INSURANCE CORPORATION
REGIONAL OFFICE, PANCHADEEP BHAVAN,
THRISSUR DISTRICT, PIN - 680 020,
REPRESENTED BY THE SOCIAL SECURITY OFFICER
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2 STATE OF KERALA
REP. BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM - 682 031
BY ADVS.
SRI.SANGEETHARAJ.N.R, PP
SRI.ADARSH KUMAR
SRI.SHASHANK DEVAN - SC, ESI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 08.11.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Crl.M.C. No.3732 of 2019
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P.V.KUNHIKRISHNAN, J.
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Crl.M.C. No.3732 of 2019
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Dated this the 08th day of November, 2024
ORDER
This Criminal Miscellaneous Case is filed to
quash the proceedings in CC No.94/2018 on the file
of Chief Judicial Magistrate Court, Thrissur. It is a
prosecution initiated by the 1st respondent under the
provisions of Employees State Insurance Act, 1948,
alleging offences punishable under Section 85(g).
2. It is alleged that the petitioners have failed
to produce records namely, General Ledger,
Attendance Register and Audited Profits and also loss
accounts for the period from 01.08.2012 to
16.01.2014 with respect to M/s. U S Estate Villas and
Plots and from 17.01.2014 to 31.08.2014 with
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respect to U S Housing & Construction under Section
45 of the ESI Act. Hence, it is alleged that the
accused committed the offence.
3. The short point raised by the petitioners is
that, the petitioners filed an appeal against the order
passed under Section 45A of the ESI Act and an
interim order is also passed as evident by Annexure-
A3. Therefore, the prosecution proceedings is illegal.
4. I am of the considered opinion that, these
contentions are to be raised before the trial court at
the appropriate stage. It is not clear whether the
appeal is still pending.
5. The learned Standing Counsel appearing
for the 1st respondent submitted that, the appeal is
filed against an order under Section 45A of the ESI
Act and that has no application to the present
prosecution. I do not want to make any observation
about the same. All the contentions raised by the
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petitioners are left open and the petitioners are free
to agitate the same before the trial court at the
appropriate stage.
With the above observation, this Criminal
Miscellaneous Case is disposed of.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
2024:KER:83546
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE COMPLAINT IN
C.C.NO.94/2018 FILED BY THE 1ST
RESPONDENT BEFORE THE CHIEF
JUDICIAL MAGISTRATE COURT, THRISSUR
DATED 03.05.2018
ANNEXURE A2 TRUE COPY OF THE PETITION IN
I.C.NO.1/2019 SUBMITTED BY THE
PETITIONERS BEFORE THE INDUSTRIAL
TRIBUNAL AND EMPLOYEES INSURANCE
COURT, THRISSUR DATED 31.12.2018
ANNEXURE A3 TRUE COPY OF THE ORDER IN
M.P.NO.3/2009 IN I.C.NO.1/2019
PASSED BY THE EMPLOYEES INSURANCE
COURT, THRISSUR DATED 09.01.2019
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
