At, High Court of Rajasthan Jaipur Bench
By, THE HONOURABLE MR. JUSTICE M.L. SHRIMAL
For the Petitioner: R.S. Yadav, Advocate. For the Respondent: C.N. Sharma, Advocate.
On November 18, 1974 a complaint against ten persons was filed in the court of the Chief Judicial Magistrate, Swai Madhopur under sections 14 (1) (a), 14 (2), 14 (A 1) and 14 (A 2) of the Employees Provident Fund and Family Pension Scheme Act 1952. In compliance to the summer issued by the Court Mr. B L Jain appeared on behalf of the Company. Accused No. 1 and the rest of the accused appeared through their counsel Thereafter the case was fixed for recording the pleas of the accused. on December 20, 1977 the learned Magistrate ordered that the statement of the learned counsel appearing on behalf of accused Nos. 3 to 9 & 11 be recorded instead of the accused themselves, where as for accused No. 2 Mr. S. S. Kothari, the learned Magistrate ordered that as he was the Chief concerned officer, he should present himself before the Court for recording his statement.2. Being aggrieved of that order the petitioner has come up to this Court.3. It has been urged by the learned counsel appearing on behalf of S.S. Kothari that he was now no more in the employment of accused No 1 Jaipur Udyog Ltd, Swai Madhopur. At present he is residing at Delhi. He was only an employee at the relevant time obeying the orders of the concern and its Directors. His presence in the Court is not going to help in any way the prosecution of the case and as such it would meet ends of justice, if his personal presence is exempted and his lawyer is allowed to make a statement under section 251 Cr PC as well as under section 313 CrPC. Learned counsel appearing on behalf of the non-petitioner, taking an equitable view of the entire thing, has not very seriously objected to the prayer made by the learned counsel for the petitioner.4. Keeping in view the nature of the accusation and the fact that the entire amount of provident fund and the family pension scheme has been paid and is being paid regularly, I consider it to be in the interest of justice to allow Mr. S.S Kothari to appear through his counsel in the proceedings pending before the Chief Judicial Magistrate, Swai Madhopur. However, it is made cl
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ear that he will present himself at the time of the delivery of the judgment and or on any other occasion when the learned Magistrate considers it to be in the interest of justice.5. The application is disposed of as indicated above.