DULDUL MUFTI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application praying for quashing of proceeding in G.R. Case No. 5343 of 2016 pending before the learned Judicial Magistrate, 6th Court, Howrah arising out of Domjur Police Station Case No. 760 of 2016 dated 19.08.2016 under Section 4D of the West Bengal Land Reforms Act, 1955 and Section 17A of the Inland Fisheries Act, 1984.

(2.) Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the residents of Kolkata. But, they have a tank/pond in Howrah. The present case was initiated purportedly in respect of an alleged filling up of such tank. Relying on an inspection report of the Revenue Inspector, it was submitted that there was no water in the pond. In fact, it were the neighbours including the local tenants who used to throw garbage in the tank. As a result, several polythene pieces and pieces of clothes were found in the pond. The statements of the local witnesses also supported such inspection and did not support the allegations made in the First Information Report. No charges have been framed in the case as yet.

(3.) The learned counsel appearing on behalf of the State produces the original case diary and submits as follows. The statements of witnesses and other materials collected during investigation did not support the prosecution case. There is nothing, except the bald allegations made in the First Information Report to substantiate the allegations made against the petitioners.