NARAYAN PRADHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Sec. 482 of the Code of Criminal Procedure for quashing of the proceedings being N.G.R No.300 of 2011 arising out of Sadar Police Station G.D.E. No.583 dtd. 11/4/2011 under Sec. 171F of the Indian Penal Code and Sec. 121 of the West Bengal Municipality Act, 1993 pending before the Court of Learned Judicial Magistrate at Darjeeling and also against all consequent orders passed by the Learned Magistrate below on 16/9/2016 and affirmed by the Learned Additional Sessions Judge dtd. 28/4/2017.

(2.) The brief fact of the case is that one written information dated April 9, 2011 was lodged with the Inspector-in-Charge Sadar Police Station, Darjeeling by the then Returning Officer, 23-Darjeeling A/C and Sub-Divisional Officer, Darjeeling Sadar contending inter alia that he had issued notice to the candidate, GJMM, 23-Darjeeling A/C and President/Secretary, GJMM Town Committee, Darjeeling on 6/4/2011 regarding the removal of defacement at Mall Road(Chowrasta). But they did not remove the defacement and the same has been removed by the MCC Squad on 8/4/2011. On the basis of such information, he requested the I.C. to take necessary action as per law. On receipt of the said information the I.C. Sadar Darjeeling registered the same as Sadar Police Station G.D.E. No.583 dtd. 11/4/2011 corresponding to NGR No. 300 of 2011 for commission of offence punishable under Sec. 171F IPC and Sec. 121 West Bengal Municipality Act, 1993 and endorsed the same to P.S.I Shri D. Sarkar to enquire into the matter.

(3.) On completion of the investigation the concerned Investigating Officer submitted a non-FIR prosecution report being No.308/11 dtd. 13/4/2011 under Sec. 171F of the Indian Penal code and Sec. 121 of the West Bengal Municipality Act, 1993 against the present petitioners.