NIRMAL KUMAR KHARKIA Vs. STATE OF W B

JUDGEMENT

(1.) This revisional application under section 482 of Cr. PC is aimed at quashing the proceeding in GR Case No. 1192/02 arising out of Sankrail P.S. Case No. 129/02 dated 23.7.02 under section 39(1)(a) of the Indian Electricity Act now pending in the Court of the learned Sub-Divisional Judicial Magistrate (SDJM), Howrah.

(2.) Mr. Dilip Dutta, learned senior advocate appearing for the petitioners with Mr. Arup Chatterjee and Mr. A. Sinha submitted that the petitioners are owners of land and shed measuring about 7450 sq.ft. situated at Andul Road and they leased out the said shed, i.e. godown to Bijoy Bahadur Pande who is now running M/s. Krishna Chemicals over the said land. M/s. Krishna Chemicals is a consumer under the West Bengal State Electricity Board (WBSEB). M/s. Ashoka Roller Flour Mill is another occupation of the land owned by the petitioner and the said proprietorship concern having its office at 125, Cotton Street, Calcutta is owned by one S.R. Jha. On 15.9.99 a memorandum of agreement was executed between M/s. Ashoka Roller Flour Mils and WBSEB for supplying electricity. Similarly there was agreement between M/s. Krishna Chemicals and Bijoy Bahadur Pande for supplying electricity at premises of M/s. Krishna Chemicals as M/s. Krishna Chemicals and M/s. Ashoka Roler Flour Mills are running business over the land and enjoying electricity on the basis of agreement with WBSEB. They are the consumers and petitioners have no connection at all relating to running of the said factories. Suppressing everything a FIR was lodged making false allegations against the petitioners that they are running a parallel supply agency of electricity to various concerns.

(3.) Mr. Dutta further submitted that Mr. Bijoy Bahadur Pande was arrested and subsequently he filed a writ application under Article 226 of the Constitution. In that writ the amount due to the WBSEB was assessed and Mr. Pande paid the said amount. The petitioners being owners of the land are not at all liable for the laches of licensee or for the acts and omissions of the licensee. WBSEB on 26.4.04 wrote a letter to Mr. Bijoy Bahadur Pande in respect of confirmation for cleaning of the shrubs, grass and other growths in the factory premises of M/s. Krishna Chemicals at Andul Road, Howrah and it establishes that WBSEB has accepted Mr. Bijoy Bahadur Pande as their consumer in respect of electricity supply to M/s. Krishna Chemicals. In the writ the WBSEB did not state that the Khakia Brothers are behind the entire incident. When the WBSEB made agreement with Mr. Pande and Mr. Jha lodging of FIR against the petitioners, who are not in possession of the land and factories at present, is malafide and in suggests that in the FIR there is no material at all against the petitioners.