LUN KARAN SUREKA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the petition of complaint being no. 22 of 2014 pending before the Court of learned Judical Magistrate, 5th Court, Burdwan.

(2.) Prosecution in the form of complaint was started against M/s. Burdwan Iron and Steel Company Pvt. Ltd. and one Sri Lun Karan Surekha for commission of offence under Section read with Section 9(A) (A) of the Central Excise Act, 1944. On receipt of such petition of complaint cognizance was taken by learned Chief Judicial Magistrate, Burdwan and the case was transferred to the Court of learned Judicial Magistrate, 5th Court, Burdwan for inquiry and trial. Learned Judicial Magistrate accordingly issued summons against the present petitioner. The prayer of the present petitioner under Section 205 of the Code of Criminal Procedure was rejected by learned Judicial Magistrate, 5th Court, Burdwan. Thereafter this application under Section 482 of the Code of Criminal Procedure has been filed challenging the entire petition of complaint on the ground that the petitioner is a resident of Calcutta yet learned Magistrate did not hold any inquiry as stipulated under Section 202 of the Code of Criminal Procedure at the time of issuing summons against the petitioner and accordingly in view of the decision reported in 2014(14) SCC 638 (Vijay Dhanuka and Ors. v. Najima Mamtaj and Ors.) the order of issuance of summons ought to be set aside.

(3.) It may be stated here that despite service of notices upon the opposite parties, no one appeared on behalf of the opposite party.