NANDALAL MITRA Vs. STATE

JUDGEMENT

(1.) This revisional application is against an order passed by a learned Magistrate, Chandernagore, convicting the petitioner under S. 188 of the Indian Penal Code and sentencing hi to pay a fine of Rs.50 in default to suffer simple imprisonment for 15 days.

(2.) What happened is as follows: The complainant was a tenant in respect of a house under the accused person. Supply of water in the tenant's portion was stopped and the tenant filed an application before the Rent Controller for restoration of the water supply. A notice was served on the landlord for restoration of water supply but this order was violated. Thereafter the learned Magistrate prosecuted the landlord under S 188 of the Indian Penal Code for violation of the order and convicted him.

(3.) The learned Advocate for the petitioner has challenged the applicability of Section 188 of the Indian Penal Code for violation of the order of the Rent Controller under the provisions of the West Bengal Premises Tenancy Act, 1956. Section 31 of the Act empowers the Rent Controller to impose penalty for disturbance of assessment etc. Section 34 of the West Bengal Premises Tenancy Act empowers the Controller on the application made to him by a tenant in possession of any premises to serve a notice on the landlord for taking such measures for the maintenance of essential supplies, such as water or electricity etc. On landlord's failure to comply, he may authorize the tenant to take appropriate measures at the landlord's cost.