BALARAM NANDI Vs. CHAIRMAN, DISTRICT BOARD

JUDGEMENT

(1.) This Rule is for quashing, in the alternative, for stay, of criminal proceedings under Section 28 of the Bengal Ferries Act, 1885 (Ben. Act I of 1885), and Section 100E of the Bengal Local Self-Government Act, 1885, now pending against the Petitioner and several others before Sri G.P. Bose, Magistrate, first class, Malda. The stay asked for is until the disposal of a civil suit, which the Petitioner and three others instituted in the court of the Munsif at Malda, for, inter alia, a declaration that the Plaintiffs were entitled to ferry their cattle across the river without any charge.

(2.) The Petitioner's case is that he is an inhabitant of Sahapur, a village situated on the bank of the river Mahananda, on the opposite side of the town of Malda. It is said that the inhabitants of that village have very often to cross that river to obtain their requirements from the town of Malda. It is also said that many of them have their own boats. It is said, lastly, that the lessee of the public ferry called Jhawghatta ferry, under the District Board of Malda, started proceedings against certain of the villagers of Sahapur under Section 144 of the Code of Criminal Procedure on the ground that they were running a parallel ferry. The order under Section 144 was subsequently rescinded. Thereafter, the civil suit referred to was instituted. On April 28, 1952, the Chairman of the District Board of Malda instituted a complaint against the Petitioner and several others under Section 28 of the Bengal Ferries Act, 1885, and under Section 100E of the Bengal Local Self-Government Act, 1885, whereupon processes were issued against the Petitioner and others. It is to quash, in the alternative, to stay, these proceedings, that the present Rule was issued.

(3.) The Rule was issued on two grounds, namely, the complaint did not disclose any offence, and the criminal proceedings were, in any event, liable to be stayed in the interests of justice.