AMRUT LAL PATEL Vs. STATE OF W B

JUDGEMENT

(1.) THIS revisional application dated 18. 12. 2006 at the instance of the accused in C. R. Case No. 133 of 2002 under section 34 of the West Bengal Agricultural produce Marketing (Regulation) Act, 1972 pending before the learned Judicial magistrate, 2 Court, Chandernagore has been taken out to challenge the proceeding on the ground that the complainant who was the Special Officer, seoraphuli Regulated Market Committee had no authority to lodge complaint under the provision of the Act because the marketing committee has not been constituted under the provision of the Act, the committee has been superseded prior to the initiation of the proceeding that learned Magistrate was illegal in rejecting the petition of the complainant for dropping of the proceeding until the stage of section 251 Cr. PC was reached and that there were two complaints lodged and the law is well-settled that the second complaint is bar.

(2.) IT is well-known that quashing of a complaint happens in rarest of a rare case and the Court can only see whether the petition of complaint discloses prima facie offence. The complaint was lodged with the learned S. D. J. M. , chandernagore by the Special Officer, Seoraphuli Regulated Market Committee under C. R. No. 290/01 alleging that upon inspection of 30. 3. 2000 into the business place of accused petitioner that he was fund dealing in timber processing business at his premises as stated in the petition of complaint in contravention of the provision of the Act as aforesaid and he failed to produce licence issued by Seoraphuli Regulated Market Committee. In that complaint dated 29. 5. 2001 it was alleged that a fee of Rs. 600/- was due to the market committee. Offence is punishable under section 34 of the Act.

(3.) ON 20. 3. 2002 another complaint was lodged alleging that for few years continuously the accused has been carrying on business of processing of timber without valid RMC and a sum of Rs. 90,000/- was found due on account of collection money and arrear fees.