CIVIL APPEAL 184 on 16 January 2003

01.07.2021Item no.5Ct. No.34CHC

C.R.R. No.756 of 2003

(Through video Conference)

In Re: An application under Section 401 read with Section 482 ofthe Code of Criminal Procedure.

AND

In the matter of:-

Md. Gayeb Halsana

@ Md. Gayeb Hossain & anr.

… petitioners

Mr. Prabir Majumder

…for the petitioner

Mr. Arijit Ganguly,Ms. Sujata Das

…for the State

Mr. Aniket Mitra

…for the WBSEDCL

Pursuant to the order passed by this Court, the petitionershave deposited a sum of Rs.10,000/- with the ElectricityAuthorities.

By way of Supplementary Affidavit, learned advocate for thepetitioners have enclosed receipt so issued by the West BengalState Electricity Distribution Company Limited.

The Supplementary Affidavit so filed be kept with the record.

Mr. Aniket Mitra, learned advocate appearing for theW.B.S.E.D.C.L. does not dispute the factum of the amount beingdeposited.

Mr. Arijit Ganguly, learned advocate appears on behalf of theState.

The subject-matter of the case relates to Chapra Police StationCase No.184 dated 30.07.1991 (G.R. Case No.1103 of 1991) whichwas registered for alleged commission of offences against thepresent petitioners under Section 39 of the Indian Electricity Act,1910 and Section 379 of the Indian Penal Code.

Charge-sheet was filed in connection with the said case andthe petitioners prayed for discharge before the learned JudicialMagistrate, 4[th] Court, Krishnagar. Against the refusal of the saidorder the petitioners approached the learned Sessions Courtthereby invoking its revisional jurisdiction. However, learnedAdditional Sessions Judge, 1[st] Court, Krishnagar, Nadia, waspleased to affirm the order passed by the learned JudicialMagistrate in Criminal Motion No.33 of 2001 vide order datedJanuary 16, 2003.

Having regard to the fact that the subject-matter of the caserelates to loss of revenue by the W.B.S.E.D.C.L. and the same hasbeen deposited by the petitioners and also taking intoconsideration that the incident is of the year 1991, I am of theview that further continuance of the proceedings after 30 years isunwarranted.

Accordingly, all further proceedings arising out of ChapraPolice Station Case No.184 dated 30.07.1991 (G.R. Case No.1103of 1991) is hereby quashed.

The petitioners shall be discharged from the bail bonds, if theyare on bail and they may not be asked to attend court if they arenot wanted in any other case.

With the aforesaid observations, C.R.R.756 of 2003 is allowed.Pending applications, if any, are disposed of.

The department is directed to communicate this order to thelearned court below within a period of seven days from date.

All parties shall act in terms of copy of this order downloadedfrom the official website of this Court.

(Tirthankar Ghosh, J.)