SAMBHUNATH DAW Vs. STATE AND OTHERS

JUDGEMENT

(1.) This is to consider an application under Art. 227 of the Constitution of India and/or under Sec. 482 of the Code of Criminal Procedure assailing the impunged order dated 14.1.03 passed by the learned Sub-Divisional Judicial Magistrate, Howrah in GR Case No. 1472 of 2002 corresponding to Bally PS Case No. 168/02 dated 7.9.02 under Sec. 39 sub-section 1(B) of the Indian Electricity (West Bengal Amendment) Act, 2001.

(2.) The petition in itself states that after initiation of the aforesaid he was allowed anticipatory bail by this Honourable Court and in the meanwhile upon receiving a supplementary bail issued by the SEB State Electricity Board deposited Rs. 32,884/- on 27.9.02 (vide receipt 08153). It transpires from the annexure running page 22 of the petition that on 27.9.02 the petitioner submitted a prayer for withdrawal of the aforesaid FIR being Bally PS Case No. 158 of 2002 under Sec. 39(1)(B) of the Indian Electricity Amendment Act, 2001 regarding tampering of the meter. As against the same the Zonal Manager, Calcutta zone requested appearance of the accused/petitioner before him on 22.11.02.

(3.) On 22.11.02 the said Zonal Manager, Calcutta distribution division passed an order which is in the form of an order-sheet (running page 25 of the petition). The relevant portion of the aforesaid order is reproduced here :