1 SLP(Crl.) No .5555/2017
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(s) OF 2024 (@ Special Leave Petition (Crl.) No. 5555 of 2017)
KERSI NARIMAN AMARIA & ORS. ……….. APPELLANT(S)
VERSUS
THE STATE OF WEST BENGAL & ORS. .....RESPONDENT(S)
O R D E R
Leave granted.
2. This appeal arises out of judgment and order
dated 18th May 2017 passed in CRR No.2822 of 2015
titled Incab Industries Ltd and Ors. v. State and
Anr., by the High Court at Calcutta, whereby the
appellants prayer for invocation of inherent powers
under Section 482 Code of Criminal Procedure, 1973,
was rejected.
3. Having heard learned counsel for the
parties, we are of the view that the impugned order
calls for interference. The High Court declined to
exercise its powers to quash proceedings against
the present appellants despite the fact that ‘Form
32’, which showed that at the time of the alleged
offence i.e., non-deposit of the dues for Provident
Fund from December 2004 to February 2008, the
appellants were not directly concerned with the
2 SLP(Crl.) No .5555/2017
management or the affairs of the defaulting Company
for they were non-executive Directors.
4. The subject FIR bearing No.55 of 2011 dated
21st January 2011 was registered at the Police
Station, Hare Street, District Central Division,
Calcutta under Sections 406, 409 and 34,...