D J SEN Vs. STATE

JUDGEMENT

(1.) The petitioner has filed the present application under section 482 of the Code of Criminal Procedure, 1973 praying for quashing of the prosecution under section 380 of the Indian Penal Code being complain case No. 319/93 pending in the Court of learned Chief Judicial Magistrate, 24-Parganas (S), Alipore.

(2.) On 29.3.93, the O.P. No. 2 as the complainant filed the aforesaid case before the Chief Judicial Magistrate, Alipore under section 380 of the IPC, making 13 persons including the petitioners as the accused. The learned CJM took cognisance and after examining the complainant and his witness he issued process under section 380 IPC against the petitioners who are shown as accused Nos. 11, 12 and 13 in the petition of complaint.

(3.) In the aforesaid petition of complaint Sri S. Agarwala one of the Directors of a company, namely, M/s. Bengal Molecular Industries (P) Ltd. has alleged that the company has its factory at 233/A, Rai Bahadur Road, Calcutta-700 053. Prior to 15.10.1982, the electric supply at premises No. 233/A, Rai Bahadur Road, was in the name of M/s. Mahajati Shilpa Sangha and on or about 15.10.82 the said M/s. Mahajati Shilpa Sangha gave its consent for transfer of electric supply in favour of complainant's company and accordingly, the complainant made an application to CESC Ltd. for transfer of the electric supply in favour of complainant's company. It is alleged that the said company of the complainant has been carrying on its manufacturing activities at the aforesaid factory since 1982 and 35 KW electricity is sanctioned by CESC Ltd. at the aforesaid premises. It is further alleged that 15.1.93 at about 12.30 p.m., the accused/petitioners visited the factory of the complainant company and requested the Manager of the factory to switch off the mains of supply, so that accused/petitioners could test the meter. It is further alleged that after switching off the main, the meter was tested and the same was fount in perfect working condition by the said accused/petitioners. Inspite of that they, all of a sudden, removed the meter (No. 1345420) from the factory of the complainant and snapped the 440 Volts supply at premises No. 233/A, Rai Bahadur Road, Calcutta-53 without any notice or without showing any cause or justification. In this background, it is alleged that the accused/petitioners committed theft of the meter installed at the aforesaid premises without granting any receipt.