S K BANERJEE Vs. STATE

JUDGEMENT

(1.) THIS is an application under section 439 of the Code of Criminal Procedure for quashing the proceeding pending in the court of the learned Additional chief Presidency Magistrate, Calcutta.

(2.) THE facts of the case in a nutshell are as follows : The petitioner shri S. K. Banerji, a member of the indian Administrative Service, now holding the post of Development commissioner and Ex-Officio Secretary to the Government of West Bengal lives on the first floor of 8, Camac Street, calcutta, the ground floor of which is in the occupation of Mr. Justice D. Basu. On the 23rd of February, 1966 Mr. Justice D. Basu addressed a letter to the Commissioner of Police, Calcutta making a complaint about a cow with a calf being kept tethered in the open space between his office room and his orderly's quarters by one Suraj Prasad singh. This was causing inconvenience and disturbance to Mr. Justice Basu and he therefore requested the commissioner of Police, Calcutta to take action under the Cattle Licensing Act. Mr. Basu's letter referred to other matters viz. , some distrubance created by the said Suraj Prosad Singh and others. He wanted and desired that suitable steps might be taken for protection of. himself and the members of his family. A copy of this letter was forwarded to the Chief Presidency Magistrate, calcutta for taking all steps necessary for his protcetion and for giving necessary directions to the police and other authorities. The records do not disclose as to what steps were taken by the commissioner of Police, Calcutta but the learned Chief Presidency Magistrate, Calcutta on receipt of a copy of this letter, took cccgnizance under section 190 (1) (c) of the Criminal Procedure Code of the offence under section 12 (1) of the cattle Licensing Act, 1959 and also under other sections of the Indian Penal Code by his order dated 23rd day of february, 1966. He also passed an order for the seizure of the cow. Suraj Prosad singh surrendered in court on the 28th day of February, 1966 and on that date, the learned Chief Presidency magistrate, Calcutta, transferred the case to shri G. C. Chatterjee, Additional Chief presidency Magistrate (II), for trial, on the 8th of March, 1966 the officer-in-charge, park Street Police Station submitted a report to the learned presidency Magistrate, Calcutta with a letter dated 6. 3. 1966 from the petitioner Shri s. K. Banerjee addressed to him. This letter disclosed that Suraj Prosad singh resided with Shri Banerjee's permission in one of the rooms in the servants' quarters and he was neither the owner of the cattle nor did he possess or control any cattle. Mr. Banerjee further stated in that letter that he had procured a milch cow about 20 days ago before the date of his letter i. e. , 15. 2. 1966, and that he kept it till 26. 2. 1966 when it was removed to another government premises by personnel of the public Works Department. Mr. Banerjee's letter further disclosed that he had no license for keeping such cattle under the Cattle Licensing Act, 1959, and that he had applied for an "a" class license under the the Act on 1. 3. 1966. Mr. Banerjee further intimated his desire to bring the cow back on the morning of the day. Thereafter, the learned Additional Chief Presidency magistrate re-issued a search warrant which was infructuous earlier and the cow was seized and sent to Government pound. He also issued a notice on Mr. Banerjee to show cause why he should not be summoned in this case also under section 12 (1) of the Cattle licensing Act for violation of Section 3 of the said Act. Subsequently Mr. Banerjee appeared and showed cause and the learned Additional Chief Presidency magistrate, Calcutta by his order dated 22. 3. 1966 issued summons on him in connection with the offence under section 12 (1) of the Cattle Licensing Act and also split up this case.

(3.) THIS application is against the order of the learned Chief Presidency magistrate, Calcutta taking cognizance under section 190 (1) (c) of the Code of criminal Procedure and also that of the Additional Chief Presidency magistrate's order summoning Mr. Banerjee as an accused in the Cattle Licensing act case.