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Subhash Chandra Varshani v. The State of Jharkhand & Ors.

The main objection raised by the learned counsel appearing for the petitioners that finding has been recorded regarding default being made in the deposit of PF Account.

(Arun Mishra and S. Abdul Nazeer, JJ.)

Subhash Chandra Varshani ____________________________ Petitioner

v.

The State of Jharkhand & Ors. _____________________ Respondent(s)

Petition(s) for Special Leave to Appeal (Crl.) No(s). 5156/2018, decided on July 10, 2018

(For Admission)

With

SLP (Crl) No. 5160/2018 (II-A) (For Admission and I.R.) SLP (Crl) No. 5168/2018 (II-A) (For Admission and I.R.)

The Order of the court was delivered by

Order

1. The main objection raised by the learned counsel appearing for the petitioners that finding has been recorded regarding default being made in the deposit of PF Account. Question was that whether it was accused persons who made the said default and what was the duty enjoined upon them, which aspect was considered by the trial court. It is a case of remand. Thus we are not inclined to interfere. However, it is made clear that any observation made by the High Court shall not come in the way of trial court while deciding the case afresh. The trial court is free to decide the case on reasonings which were adopted earlier and to consider the entire evidence afresh independently. With the aforesaid observations, the special leave petitions stand disposed of.

2. Pending application, if any, also stand disposed of.

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