RAJMOHINI JHAMB Vs. CORPORATION OF CALCUTTA

JUDGEMENT

(1.) This is an application under S.482 of the Cr.P.C,1973 for quashing the proceeding pending before the learned Senior Municipal and Metropolitan Magistrate, 1st Court, Calcutta being Case No.3007B of 1981.

(2.) On 26-9-81 Dr. S.S. Mondal, Sanitary Officer and Borough Health Officer, Corporation of Calcutta, filed a complaint against petitioner Sm. Rajmohini Jhamb under S.437(1)(b) read with S.537 of the Calcutta Municipal Act,1951 before the learned Municipal Magistrate, Calcutta " for using or permitting to be used premises No.1, Alipore Road, Calcutta for selling storing, packing, pressing, cleaning, preparing or manufacturing by any process whatever workplace run with electricity which is in the opinion of the Corporation dangerous to life, health or property and likely to create nuisance without a licence from the Commissioner for the year ending on 31st March,1981 in contravention of S.437 of Act XXXIII (W.B.C.) of 1951."

(3.) On receipt of the complaint, the learned Municipal Magistrate took cognizance of the offence and issued summons on the petitioner requiring her to appear before him on 25-1-83. Being aggrieved, the petitioner moved this Court in revision and obtained the present Rule.