SHANTI SWARUP AGARWAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present petitioner has been facing his trial before the Learned Judicial Magistrate, 4th Court, Howrah of a charge under Section 34 (5) of the West Bengal Agricultural Produce Marketing (Regulation) Act, 1972. In response to summons on April 24, 2009 the petitioner appeared in Court and was released on bail. Thereafter, on July 24, 2009, the Learned Court below allowed the petitioners application under Section 205 of the Code of Criminal Procedure. In the meanwhile, 2nd December, 2009 was fixed for recording of plea and the petitioner was directed to be personally present in Court. The said order whereby the petitioner was directed to be personally present in court for recording his plea is the subject matter of challenge in this criminal revision.

(2.) Heard Mr. Sandipan Ganguly, learned Advocate appearing for the petitioner as well as Mr. Sobhendu Sekhar Roy, learned Advocate for the State and Ms. Sutapa Sanyal, learned Advocate for the complainant.

(3.) The offence punishable under Section 34 (5) of the West Bengal Agricultural Produce Marketing (Regulation) Act, 1972 is punishable only with the sentence of fine and therefore is a summons case and the trial relating to such offence to be held following the procedure prescribed for trial of summons cases.