SHEW SHANKAR SINGH Vs. STATE

JUDGEMENT

(1.) The revision application under sec. 435 of the Code of Criminal Procedure of 1898, being Rev. No.803/67, is at the instance of the accused petitioner Sheo Sankar Singh. The opposite parties are the State, Sm. Latika Banerjee and Shri Shanti Banerjee, P.Ws. 1 and 2 respectively in the case. The petitioner was convicted under Section 7, clause (ii) of the Essential Commodities Act, 1955 by Shri M. Rahaman, Magistrate, 1st Class, Howrah and was sentenced to T.R.C. (Till rising of the Court) and to pay a fine of Rs.2,000/- in default, to Rigorous Imprisonment for two months. The Learned Magistrate further directed by his order that out of the fine, if realized, a sum of Rs.500/- was to be paid to P.W. 1 or to her husband P.W. 2 as compensation. He also ordered to destroy alamat seized.

(2.) The other revision case, being No. 804 of 1967, arises our of a rule issued suo motu by this Court upon the District Magistrate of Howrah and the accused Agya Ram Gargi, alias Garg to show cause why the order dated 23rd March, 1966 discharging the said Agya Ram Gargi alias Garg passed by the learned Magistrate, Sri M. Rahaman, 1st Class, Howrah in the C.S. G.r. case No.30/64, referred to in the petition, filed by the convicted accused petitioner Sheo Shankar Singh, out of which arose the Revision Case No. 803/67, should not be set aside or such other or further order or orders made as to this Court might seem fit and proper.

(3.) The State appeared in both the Revision Cases through Mr. Prasun Kumar Ghose, learned Advocate representing the learned Deputy Legal Remembrancer of the State of West Bengal. In the Revision Case No. 803/67 the accused petitioner was represented by Mr. Chintaharan Ray, a learned Advocate of this Court with another learned Advocate, Mr. Arun Kishore Das Gupta. Agya Ram Gargi the opposite party in Revision Case No. 804/67 was represented by Mr. Nalin Chandra Banerjee, a learned Advocate of this Court. We heard both the two Revision Cases which arose out of the same criminal proceeding before the learned Magistrate, Shri M. Rahaman, and both the cases shall be governed by this judgment.