Sudhir Kumar Jain JUDGMENT
Sudhir Kumar Jain, J.
1. The present petition is filed under section 482 Cr.P.C. for quashing of complaint dated 05.06.2018 filed by the respondent for the offence punishable under section 85(g) read with sections 45(2) and 86 of the Employee State Insurance Act, 1948 and all proceedings arising therefrom including order of summoning of the petitioner dated 08.06.2018 passed by the Court of Shri Pranjal Aneja, Metropolitan Magistrate, Shahdara District, Karkardooma Courts, Delhi.
2. The respondent filed a complaint under section 85(g) of The Employees' State Insurance Act, 1948 (hereinafter referred to as "the Act"), 1948 against M/s. H.M.R. Institute of Technology and Management and others, in which the petitioner was implicated as one of the accused being the trustee of the accused no. 1/M/s. H.M.R. Institute of Technology and Management.
3. The Court of Shri Pranjal Aneja, MM-01/Shahdara, Karkardooma Court, Delhi vide order dated 08.06.2018 after perusal of the complaint and the documents annexed with the complaint took the cognizance and ordered for summoning of the accused as named in the complaint including the petitioner.
4. It is stated in the petition that on 09.05.2017, Social Security Officer ("SSO") of the respondent visited the premises of the institute i.e. HMR Institute of Technology and Management and issued intimation of inspection of record under the Act on 17.05.2017.
4.1 The inspection could not be carried out as the relevant documents were not available and the next date of inspection was fixed on 29.05.2017 and the said time was further extended. SSO visited the institute on 08.06.2017 and at that time the examination of the University was going on but SSO declined to give further time to the Institute vide letter dated 08.06.2017 and made recommendation to the Deputy Director (I/C) Divisional Office, ESI Corporation, Shahdara to initiate action under 85(g) against the Institute for non-production of the records despite giving three opportunities.
4.2 A show cause notice addressed to the Institute was issued on 21.07.2017 to the effect that why the prosecution should not be launched for the offence under section 85(g) read with section 45(2) of the Act. The Show cause notice was replied vide reply dated 11.08.2017 wherein the cause of delay in production of records for inspection was explained. The show cause notice was addressed to the Institute but it was not issued in name of the petitioner. The Deputy Director, ESIC was requested to depute SSO to visit the institute and to inspect the record. The Deputy Director, ESIC acceded to the request and fixed 25.08.2017 for inspection. However, SSO did not visit the premises on 25.08.2017 and asked for production of the entire records at his office.
4.3 The Deputy Director (I/C) on 05.10.2017 accorded the sanction against Institute and Anil Kumar Gupta for alleged commission of offence under section 85(g) read with section 45(2) of the Act in a mechanical manner, without due application of mind on incorrect premise that the Institute had failed to produce the records without appreciating that the Institute had the records and offered the same for inspection on 25.08.20........