AMALENDU GHOSH Vs. PREM PATHAK

JUDGEMENT

(1.) THIS is a revisional application filed by the petitioners Amalendu Ghosh, Swapan ghosh, Jyoti Puri and Miss Ava Ghosh for quashing or setting aside the proceedings started against them under section 107 of the Code of Criminal Procedure by the opposite party Prem Pathak before the Executive Magistrate at Ali-pore in Misc. Case No. 102a of 1974.

(2.) TO be very short, the opposite party Prem Pathak filed a petition under section 107 144 of the Code of criminal Procedure before the Executive Magistrate at Ali-pore, 24-Parganas on the allegation that the petitioners stopped supply of water to the flat of prem Pathak which he is occupying under the tenancy in the name of his wife taken from the land lady who was the wife of Amalendu Ghosh, the petitioner No. 1 before this Court. Of course his wife was a party in the application filed before the learned Magistrate but the proceedings were not drawn up against her. It has been further alleged by Prem Pathak that on 27. 10. 74 the petitioners abused the opposite party meaning Prem Pathak and threatened serious violence. Again on 14. 11. 74 some of the petitioners and some others came to the flat of the opposite party and made an attempt to assault him. The occurrences gave rise to serious apprehension of danger to the personal safety of Prem Pathak and there was possibility of serious breach of peace according to the complainant. The petitioners, however, denied all those allegations made by the complainant opposite party. The learned magistrate after the filing of the application without taking any action called for a report from the police. The report was submitted by the police and on 16. 12. 74 the learned Magistrate on seeing the police report drew up proceedings under section 107 of the Code of Criminal Procedure against the petitioners before this Court and asked them to show cause why they should not be ordered to execute a bond of rupees one thousand each with one surety of like amount for keeping peace for one year. Thereafter Amalendu Ghosh, one of the petitioners before this Court appeared before the learned magistrate but others did not and thereafter they have filed the instant revisional application for quashing the proceedings drawn up by the learned magistrate under section 107 of the code of Criminal Procedure.

(3.) MR. Roy the learned Advocate appearing on behalf of the petitioners supports this application on the ground that not only did the learned Magistrate act illegally in drawing up the proceedings but also acted without jurisdiction and there has been a failure of justice and the abuse of the processes of Court will be the further result of the proceedings. He wants that the proceedings should be quashed under section 401 of the Code of Criminal procedure 1973 or under Article 227 of the Constitution of India or under section 482 of the New Code. Mr. Mukherjee learned Advocate appears on behalf of the complainant opposite party, Prem Pathak, and Mr. T. P. Bagchi is appearing on behalf of the State of west Bengal as a Rule was issued upon the District Magistrate. Mr. Bagchi has also supported Mr. Mukherjee who opposes the Rule.