REVATI RAMAN AGARWAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is a composite application under section 197/401 read with section 482 Criminal Procedure Code.

(2.) The case of the petitioner in short is that he purchased a property situated at 58 Muktaram Babu Street, Calcutta. The entire structure was built about 100 years, ago and was in a dilapidated condition. By a Notice dated 19th October 1995, the Calcutta Municipal Corporation (CMC) directed the petitioner to secure and repair the premises by doing, various acts as mentioned in the said Notice. The petitioner after the tenants vacated the premises, started repair work w.e.f. 25th October, 1995, without effecting any change or dimension of this structure. The CMC Authority visited the premises from time to time to see if there was any change of character. After about 2 (two) months, two labourers slipped from the roof of the premises and sustained injuries and First Information Report (FIR) was lodged against the petitioner alleging the change of the nature and character of the structure of the premises. Apprehending arrest the petitioner obtained anticipatory bail. Subsequently, the charge sheet was submitted. The case of the petitioner is that he has not violated any provision of the CMC Act and as such no prosecution lies against him.

(3.) The learned Chief Metropolitan Magistrate took cognizance of the offence on the basis of the charge sheet in a Stereotyped manner without any application of mind, which will be apparent from the order dated 10th December. 1997 accordingly the present revisional application has been preferred with a view to quash the said proceeding.