PRAVIN JAIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Proceeding being B.G.R. Case No. 6254 of 2011 arising out of Maheshtala Police Station Case No. 782 dated 28.10.2011 under section 17A of the West Bengal Inland Fisheries Act, 1984 and section 52 of the West Bengal Town and Country (Planning and Development) Act, 1979 has been assailed in the instant case. The impugned criminal proceeding was initiated on the basis of a written complaint lodged by Mr. S.N. Lahiri, Assistant Engineer, Maheshtala Municipality, inter alia, alleging that M/s. Marsons Private Limited had started filling up a pond at Chakmir in spite of stop work notice issued by the Municipality.

(2.) Pursuant to investigation, charge-sheet has been filed in the instant case against the petitioner. The impugned charge-sheet has been assailed by the petitioner on the premise that the petitioner was neither a Director nor an office bearer of the Company, namely, M/s. Marsons Private Limited at the time of commission of the alleged offence and he is no way connected with the alleged offence. It is also submitted that M/s. Marsons Private Limited though named in the First Information Report has not been named as an accused in the impugned charge-sheet.

(3.) In support of his contention, the petitioner referred to the annual report of the Company for the year 2010-2011 evidencing the fact that the petitioner was not an office bearer of the Company. He also referred to Form 32 filed on behalf of the Company showing that the petitioner had ceased to be a Director of the company on and from 31.10.2006. He relied on 2011 (3) SCC 531 and ANITA MALHOTRA v. APPAREL EXPORT PROMOTION COUNCIL & ANR, 2012 1 SCC 520 in support of his contention that resignation of the petitioner from the Directorship of the Company before the commission of offence as evidenced from public document like annual report, Form 32 may be considered by this Court in exercise of its inherent jurisdiction.