ASIF Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The revisional application has been preferred by the petitioner/accused praying for quashing of the Charge-Sheet No. 111/19 dtd. 30/4/2019 arising out of Pandua Police Station Case No. 32 of 2019 dated 07.012.2019 under Sec. 4C(5) of WBLR Act, 1955 & 21 of Mines and Minerals Act, 1995 & 21 of Mines and Minerals Act, 1957 pending before the Court of the Learned Chief Judicial Magistrate, Hooghly.

(2.) The prosecution case is that on 7/2/2019 at about 14.45 hrs. one written complaint was lodged with Pandua Police Station by one Sri Subhasish Mukherjee, B.L. and L.R.O., Pandua, Hooghly against Md. Asif, son of Md. Alauddin, residing at Village- Balihatta, P.S. - Pandua, District - Hooghly to the effect that on 22/1/2019 a portion of the pond appertaining to LR Plot no. 859 of Mouza -Pandua, JL No. 108, by classification 'Pukur' with an area 33 decs. was being filled up and consequently an enquiry was conducted from the end of the complainant on 22/1/2019 and it was ascertained that the said pond has been filled up in part and a wall had been erected along the middle of the pond. A notice under Sec. 4C(5) of WBLR Act, 1955 was issued to accused Md. Asif vide BLRO office Memo no. 110/PND/19 dtd. 22/10/2019 whereby he was asked to restore the pond to its original condition. Despite such direction, the pond has not been restored.

(3.) On the basis of the said written complaint, Pandua Police Station Case No. 32 of 2019 dtd. 7/2/2019 under Sec. 4C(5) of WBLR Act, 1955 and 21 of Mines and Minerals Act, 1957 was started.