DURGA DUTT KHEMKA Vs. STATE

JUDGEMENT

(1.) This rule was obtained by the petitioner against his conviction under Section 41. West Bengal Premises Rent Control Act, 1948.

(2.) The prosecution case was that the complainant Keshardas Chowdhury was a sub-tenant under this petitioner, and that the petitioner without just and sufficient cause disconnected; the electric line from which Keshardas gets his supply of electricity.

(3.) Mr. Taluqdar has drawn our attention to the fact that in what has been treated as the petition of complaint under Section 41, West Bengal Premises Rent Control Act, 1948, there was really no prayer for any action against this petitioner from which it could be said that this was a petition of complaint under the Code of Criminal Procedure. In this petition Keshardas describing himself as the complainant stated that he was a subtenant under the accused, mentioned some disputes between him and the present petitioner as regards rent, stated that in August, 1949, this petitioner once disconnected the line, and stated finally that on 1-11-1949,, the petitioner disconnected this line. The prayer that was made was in these words: