NURUZZAMAN KHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this application the petitioner has challenged the charge-sheet No. 47 of 2012 dated 27th July, 2012 filed in connection with Haldia Police Station Case No. 14 of 2012 dated 19th January, 2012 in G.R. Case No. 88 of 2012 under Sections 420/406/506 IPC and pending in the court of the Ld. Additional Chief Judicial Magistrate, Haldia. The petitioner also challenges the cognizance taken by the Ld. A.C.J.M. vide order dated 6th July, 2012. The petitioner is the accused whereas the opposite party No. 2 is the defacto complainant.

(2.) It has been, inter alia, alleged by the OP2-defacto complainant that he was engaged by the petitioner-accused to supervise the works of waste oil collection from merchant vessels at the Dock Complex at Haldia. The petitioner being a registered civil contractor and oils reprocessor engaged the OP2 in supervising the waste oil collection from shipping vessels.

(3.) The OP2-defacto complainant alleges that although for the initial period of his engagement he was paid his remuneration by the petitioner, subsequently the petitioner requested him to continue with the works on assurance of payment. However, since the OP2 was not paid the alleged amount of Rs. 15 lakhs for his services, on his demanding such money, he was threatened with dire consequences by the petitioner and having no other recourse for realisation of his dues he has filed the present complaint. The investigating officer found that a prima facie charge under Sections 420/406/506 IPC has been well established against the present petitioner-accused and filed the charge-sheet thereby paving the way for trial.