SOUMEN HAZRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The competent officer of WBSEDCL filed a written complaint before the jurisdictional Police Station stating, inter alia, that one Arun Ghanta used to enjoy electricity illegally by tapping. The open electric wire fell on the fencing of agricultural field of the petitioner. A minor girl aged about 7 years touched the fencing set up around the agricultural land of the petitioner and died due to electrocution. A case being Khanakul Police Station Case No.253/2015 was registered on 16/6/2015 against the said Arun Ghanta. Subsequently the father of the minor girl filed an application under Sec. 156(3) of the Code of Criminal Procedure alleging involvement of the petitioner and some other persons of the village in illegal enjoyment of electricity by tapping and causing death of his minor daughter. The said application under Sec. 156(3) of the Code of Criminal Procedure was allowed. It was specifically directed by the learned Additional Chief Judicial Magistrate, Arambagh that in the event of a specific case being started in respect of the same incident as alleged in the petition of complaint, the petition of complaint shall be incorporated in the case diary of the specific case. However, the said petition of complaint was not tagged with Khanakul Police Station Case No.253 of 2015. On the other hand, police registered Khanakul Police Station Case No.357 of 2015 dtd. 9/8/2015 on the basis of the said written complaint under Sec. 156(3) of the Code of Criminal Procedure. Surprisingly enough at the time of filing charge-sheet in both the cases, the name of the petitioner transpires. The petitioner has come up with the instant application praying for quashing of the second charge-sheet.

(2.) Having heard the learned Advocate, Mr. Mondal and on perusal of the materials on record annexed with the instant petition, it appears that the submission of Mr. Mondal is borne out of the record.

(3.) On perusal of the materials on record it is found that in respect of Khanakul Police Station Case No.357 of 2015, charge sheet has been submitted only against the petitioner. Though no complaint was lodged against the petitioner by WBSEDC in Khanakul Police Station Case No.253 of 2015. His name transpires on the said charge-sheet also.