RASIKLAL BHANSALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) IN this application in revision the petitioner Rasiklal bansali against whom Sri S. L. Roy, magistrate, 1st class, Alipore, has framed charges under sections 411 and 414 of the Indian Penal Code, has challenged the legality of the proceedings, namely, g. R. Case No. 1136 of 1970 pending before the said learned Magistrate and has prayed that the said proceedings be quashed.

(2.) THE petitioner in one of the partners of a firm carrying on business under the name and style of Messrs mahavir and Company having its office at 54 Ezra Street, Calcutta, and godown at 10-E Munshiganj Road, Calcutta. The said firm deals in tea.

(3.) ON the 14th of June, 1967, messrs. Amalgamated Roadways of 30/31 kalakar Street, Calcutta, lodged a written complaint with the Additional deputy Commissioner of Police, Detective Department, Calcutta, alleging, inter alia, that on the 6th of June, 1967 the said firm had entrusted a consignment of tea and other goods to the registered owner of lorry bearing No. W. G. H. 5270 at Siliguri for delivery to their Calcutta Office. The said lorry left Siliguri on the 6th of June, 1967 and was due to reach Calcutta three or four days later. When the lorry did not reach Calcutta on the expected date, enquiries were made and it was found that the lorry had crossed the khejuria Ghat Ferry crossing with the consignment of tea and other goods. It was further alleged that the blue book that was shown at the time when the lorry was hired was not genuine.