PREM SWARUP SHARMA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE revisional application under Section 482 of the Code of Criminal procedure is directed to quash the proceeding in connection with G. R. Case no. 630 of 2003 arising out of Park Street Police Station Case No. 66 dated 13. 3. 2003, whereby and whereunder the police officer after conducting investigation submitted charge sheet against the petitioners herein for commission of offence punishable under Section 11 (J) of the West Bengal fire Services Act, 1950 (hereinafter called the Act ).

(2.) THE aforementioned criminal case was registered on the basis of written information lodged by Divisional Officer, 'a' Division, West Bengal Fire service whereby it was reported that fire broke out in the office building situated at 62a, Mirza Ghalib Street, Calcutta-700 016 on 13. 3. 2003. It was intimated that no in-built fire protection system was installed in the aforesaid office building nor any No Objection Certificate from the fire services was obtained. On conclusion of investigation charge sheet was submitted against the petitioners as mentioned above.

(3.) THE case of the petitioners as disclosed in the revisional application appears to be that the petitioners herein are in no way connected with the offence on which charge sheet is submitted by police. It is further stated that no notice in terms of Section 35 of the Act was ever issued and in the absence of such notice a criminal prosecution cannot be initiated against the petitioners.