ANIL KUMAR MAJUMDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) SECTIONS 482,401 of tie Cr. PC. has been filed by the present petitioner praying for quashing of the entire proceedings pending before the teamed Judge, Special court, Nadia at Krishnanagar, Fast Track Court, 1st Court-in-Charge in Case no. I. E. 241 of 2004 corresponding to Nakashipara PS. Case No. 185 of 2004 dated 02:08. 2004 under Section 135 of the Electricity Act, 2003.

(2.) THE case of the petitioner herein, in short, is that he has one small business unit viz. Ice-cream Factory beating Service Connection no. A/4214/1. Consumer No. E-300063 The petitioner used to pay the amount of electric consumption bill regulerly. The Station Manager of Bethuadahari group Electric Supply called the petitioner to his office on 25. 07. 2004. Accordingly, the petitioner met him In his office. The Station Manager demanded a sum of Rs. 20,000/- towards the subscription of Biswakarma puja to be held in the office of the Bethuadahari Group Electric Supply. The petitioner expressed his inability to comply with such demand. The petitioner out of his volition tendered Rs. 501/- as subscription of Biswakarma Puja. But the Station Manager declined to accept the same. On 31. 07. 2004 at about 10. 00 PM. the Station Manager with same of his subordinate staff and the police personnel of Nakashipara Police Station reached the house of the petitioner and demanded Rs. 20,000/- for Biswakarma Puja. The petitioner refused to pay and then Electric Service Connection of the petitioner was cut off and the petitioner was threatened by the Station Manager of bethuadahari Group Electric Supply. On 02. 08. 2004 one complaint was lodged by the Station Manager, Bethuadahari Group Electric Supply being nakashipara PS. Case No. 185 of 2004 dated 02. 08. 2004 under Section 135 Electricity Act, 2003. The petitioner was served with the notice of provisional assessment for consumption of electricity charges. The petitioner filed a writ petition challenging the purported demand notice before the Hon'ble high Court. As the petitioner was suffering much for want of electricty, he had deposited Rs. 47,127/- with the West Bengal State Electricty Board. The Hon'ble High Court had been pleased to quash the notice of provisional assessment and also directed the West Bengal State Electricity Board to adjust the amount paid by the petitioner with future consumption bills. It was held by the Hon'ble Court that the seizure list was doubtful. Being dissatisfied with the order of the learned Single Judge of this Hon'ble Court, the West bengal State Electricity Board preferred an appeal before the Hon'ble Division bench. After completion of investigation, the police submitted charge-sheet on 1. 9. 2004 and the case is now pending at the stage of recording plea of the accused under Section 251 Cr. P. C. Under the circumstances, the petitioner has prayed for quashing of the entire proceedings pending before the learned Judge, Special Court.

(3.) THE learned Counsel appearing on behalf of the petitioner submits that in the seizure list there is no mention from whom the articles were seized and the alleged seizure was made on 31. 07,2004 and it was signed by the officer concerned on 02. 08. 2006 which raises strong suspicion as to the, veracity of the alleged seizure. It is contended that there was animosity between the parties over the demand for donation in connection with the biswakama Puja and because of the inability of the petitioner to pay the demanded sum, the prosecution was falsely lodged against the petitioner. It is submitted that in the previous writ application the provisional assessment bill was set aside and taking cognizance on the basis of the Police Report was illegal. It is further contended that no material was seized on the basis of the alleged seizure. Under the circumstances, the learned Counsel submits that the entire proceedings pending before the learned Judge,special court should be quashed