UJJAL KUNDU Vs. STATE

JUDGEMENT

(1.) Present petition has been filed under Section 401 read with Section 482 of the Code of Criminal Procedure praying that proceedings being G. R. Case No.1169 of 2011 arising out of Berhampore Police Station Case No.284 of 2011 dated 24th March, 2011 under Section 17A of West Bengal Inland Fisheries Act, 1984 pending in the Court of Chief Judicial Magistrate, Mur- shidabad, be quashed.

(2.) Counsel for the petitioners has submitted that petitioners obtained approval from the municipal authority and the same was granted after proper inspection was carried. It is stated that plan to raise construction sanctioned by the municipal authority is still valid. Counsel for the petitioners submits that there is no allegation in the prosecution case that the pond which was being filled by the petitioners, was used for pisciculture or fisheries.

(3.) On the pointed query raised by this Court, Mrs. Anusua Sinha, Counsel for the State, has submitted that in the chargesheet, it has been nowhere stated that pond sought to be filled was used earlier for the purposes of pisciculture or fisheries.