Authority: High Court of Judicature at Bombay (Criminal Appellate Jurisdiction)
Order Date: 17 September 2026
Case Overview
- Petitioner: Ashutosh Satchidanand Pandey, ex‑director and former CEO of Kailasa Analytics and Services Pvt. Ltd.
- Respondents: State of Maharashtra and the Provident Fund Implementation Officer, Central Government Employees Provident Fund Organisation, Mumbai.
- FIR No. 387 of 2018 registered on 04‑07‑2018 under IPC Sections 406 & 409 for alleged non‑remittance of EPF contributions of Rs 42,453 (Oct 2017) and Rs 38,845 (Nov 2017).
- The company paid the arrears with interest on 29‑11‑2018; petitioner claims he was unaware of the delay and was not a director at that time.
- Petition filed under Sections 528 & 529 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quash of FIR, chargesheet (Criminal Case No. 3745/PW/2019) and the magistrate’s order rejecting discharge.
Final Outcome
- The Court held that the FIR and charge‑sheet lack the essential ingredients of criminal breach of trust; no prima facie case exists.
- Accordingly, the FIR, charge‑sheet and the magistrate’s order dated 20‑02‑2026 are quashed and set aside; the petitioner’s discharge application is allowed.
- The petitioner is directed to pay Rs 5,000 to the A.K. Munshi Yojana trust (Corpus of charitable activities) as costs, within two weeks of order upload.
- Compliance must be shown before the Court on 8 October 2026; failure may lead to recall of the order.
Topics: Court Proceedings, EPF Compliance