SHYAM SUNDAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant revisional application has been filed by the petitioners for quashing of the proceedings of G.R. Case No. 315 of 2011, pending before the Learned Judicial Magistrate 3rd Court, Contai arising out of Digha Mohona Coastal Police Station Case No. 1/2011 dtd. 20/4/2011 under Sec. 379 of the Indian Penal Code read with Sec. 21 of the Mines and Minerals (Development & Regulation) Act, 1957.

(2.) The petitioner no.1 was the Secretary of the Digha Fishermen and Fish Traders Association, while the other three petitioners were respectively the Chairman, Vice Chairman and Assistant Secretary of the said Association. The said Association was an organization registered under the Societies Registration Act working for the upliftment of livelihood of "Fishermen and Fisheries Industry".

(3.) Digha Mohona Coastal Police Station Case No. 1/2011 dtd. 20/4/2011 was registered for investigation on the basis of a complaint lodged by Sri Arup Kumar Mondal, the Block Land & Land Reforms Officer, Ramnagar-I with the Officer-in-Charge, Digha Police Station, inter alia, alleging commission of an offence punishable under Sec. 379 of the Indian Penal Code read with Sec. 21 of the Mines & Minerals (Development & Regulation) Act, 1957 by the petitioner and others. The complaint narrated the petitioner along with three others viz. Radhagobinda Das, Pranab Kar and Rahininandan Khara, who were members of the Executive Body of Digha Fishermen & Fish Traders Association, had extracted and removed sand from the canal at Digha Mohana without taking prior permission from the appropriate authority.