Authority: High Court of Judicature at Bombay, Criminal Appellate Jurisdiction
Order Date: 24 September 2026
Case Overview
- Appeal No. 1109 of 2025 filed by Employees State Insurance Corporation (ESIC) against Mohammad Hussain (Respondent No.1) and an unnamed second respondent.
- Original criminal case: trial court convicted Mohammad Hussain under Section 85(a) read with 85(i)(b) of the Employees State Insurance Act, sentencing him to one month simple imprisonment on 10 June 2015.
- Respondent appealed; Additional Sessions Judge, Greater Mumbai, allowed the appeal and acquitted him (order dated 6 February 2016).
- ESIC filed the present appeal; the High Court admitted it on 14 October 2025 and ordered action under Section 390 of the Code of Criminal Procedure.
- Police report indicated that Respondent No.1 has closed his shop and his whereabouts are unknown.
- Counsel for ESIC (Mr. Shailesh S. Pathak) reported that despite best efforts the respondent could not be traced.
Final Outcome
- The High Court disposed of the appeal without reaching a merits decision, stating that service of the respondent is essential.
- The court granted ESIC liberty to seek restoration of the appeal if the respondent is later located.
- The disposal does not constitute confirmation of the Sessions Court’s acquittal judgment.
Topics: Legal Proceedings, Social Security Enforcement