Page No. 1/4 GAHC010131162013 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./650/2013 VIKRAM SLATHIA S/O COL. SANGRAM SINGH SLATHIA GABROOPURBAT T.E. P.O. SELENGHAT- 785636 DIST. JORHAT, ASSAM. VERSUS THE STATE OF ASSAM AND ANR 2:ASSISTANT P.F. COMMISSIONER and INSPECTOR OFFICE OF THE A.T.P.P.F and P.F. SCHEME JORHAT ZONE A T ROAD TARAAN P.O. and DIST. JORHAT ASSAM Advocate for the Petitioner : MR.G N SAHEWALLA, MR.P DEKA,MR.J KOTOKY,MR.P BORA,MR.A SAHEWALLA Advocate for the Respondent : MS.A BARMAN, PP, ASSAM,MS.B BEGUM,MR.N C DAS,MS.M DEVI BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 22.07.2025 There is no representation on behalf of the petitioner today on call. 2. When the case was listed earlier on 10.06.2025, none had appeared for the petitioner on that occasion also. Page No. 2/4 3. Mr. B. Sarma, learned Additional Public Prosecutor for the respondent no. 1, State of Assam and Mr. N.C. Das, learned Senior Counsel assisted by Ms. J. Baishya, learned counsel for the respondent no. 2 are present and heard. 4. On the previous date of listing, that is, on 10.06.2025, the learned counsel for the respondents were present. On 10.06.2025, the case was adjourned due to non-appearance for the petitioner on call. 5. The respondent no. 2 is the Assistant P.F. Commissioner and Inspector, O/o the A.T.P.P.F. & P.F. Scheme [Jorhat Zone], Tarajan, P.O. & District – Jorhat. 6. In the year 2013, the respondent no. 2 as the complainant, instituted a complaint, registered as C.R. Case no. 73/2013 on 28.02.2013, before the Court of learned Additional Chief Judicial Magistrate at Jorhat alleging commission of offence under Sections 7[1A] Clause [a] and Section 7[2] of the A.T.T.P.P.F. & P.F. & Dip : LIS Act, 1955. In the complaint, two persons were arraigned as accused and they were : [1] Bipali Trailakhya Maharaj Sarani and [2] Manager, Gabroopurbat Tea Estate. 7. The complaint was transferred to the Court of learned Additional Chief Judicial Magistrate, Jorhat [‘the Trial Court’] for disposal. The Trial Court upon perusal of the complaint and taking note of the fact that the complainant is a public servant within the meaning of Section 21 of the IPC, dispensed with the initial deposition of the complaint under Section 200, Code of Criminal Procedure, 1973 as per proviso [a] of Section 200, CrPC. By an Order dated 28.02.2013, the Trial Court took cognizance of the offences under Section 7[1A] Clause [a] and Section 7[2] of the A.T.T.P.P.F. & P.F. & Dip. LIS Act, 1955 read with Para 46 of the Scheme and issued process against the two accused persons. 8. Aggrieved by the Order dated 28.02.2013 of the Trial Court taking cognizance of the complaint and issuing process, the petitioner, projecting himself as the Manager of Page No. 3/4 Gabroopurbat Tea Estate, had preferred the instant criminal petition under Section 482, CrPC seeking quashing of the proceedings of complaint case, C.R. Case no. 73/2013 and the Order dated 28.02.2013. Initially, while issuing notice to the respondents on 26.08.2013, further proceedings of the complaint case, C.R. Case no. 73/2013 pending before the Court of learned Additional Chief Judicial Magistrate, Jorhat was kept suspended, in the interim, till the returnable date. The said interim order was continued subsequently. It was on 23.09.2014, the criminal petition was admitted for hearing after notices were served on all the respondents and upon appearance of all the respondents. 9. It is seen from the complaint that there was default in depositing provident fund contributions to the extent of Rs. 48,93,637.32 for the period from 18.07.2011 to 22.09.2012. 10. Mr. Das, learned Senior Counsel appearing for the respondent no. 2, by placing an Office Letter bearing no. PF/[R]/2024/S-102/2343 dated 24.09.2024 of the Assam Tea Employees Provident Fund Organization [Formerly known as the Assam Tea Plantations Provident Fund & Pension Fund Scheme & D.L.I. Scheme], has submitted that the provident fund contributions payable for the period from 18.07.2011 to 22.09.2012 in respect of Gabroopurbat Tea Estate, in default earlier, has been deposited during the pendency of the instant criminal petition and as such, the respondent no. 2 does not have any complaint as regards the allegation regarding default made in the complaint at present. He has fairly submitted that as the arrear amounts of provident fund contributions amounting to Rs. 48,93,637.32 has already been deposited by complaint petition filed before the Court of learned Additional Chief Judicial Magistrate, Jorhat, steps would be taken for withdrawal of the complaint petition instituted before the Court learned Additional Chief Judicial Magistrate, Jorhat, if not already withdrawn. 11. Having regard to the issues involved in this criminal petition, as stated hereinabove, this Court is of the considered view that no effective purpose is to be going to be served by keeping this criminal appeal pending in view of deposit of Rs. 48,93,637.32. Apart from this disinterestedness shown by the petitioner by their non-appearance on two occasions, the subject-matter of the criminal petition appears to have become infructuous. The criminal Page No. 4/4 petition is, therefore, disposed of on non-prosecution. 12. A copy of the Office Letter bearing no. PF/[R]/2024/S-102/2343 dated 24.09.2024 placed by Mr. Das, learned Senior Counsel is kept with the case records by marking as Document Annexure-‘X’. JUDGE Comparing Assistant