MANORANJAN MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Order dated 23-09-1993 passed by the then Sub divisional Judicial Magistrate, Burdwan, in G.R. case no. 885 of 1991 is assailed.

(2.) The allegations made out in the complaint were that on 10.07.1991 when the complainant along with his team of officers of the West Bengal State Electricity Board went to Satima cold storage for the purpose of inspection of the electric meters, they proceeded to shut down the connection for inspection of the jumper in connection with the high tension line in front of the cold storage. When they were about to shut down the line, one Pardeshi along with three others reached the spot and watched the men of the electricity board. They went away only to return with 200/300 persons from the cold storage who tried to assault the complainant and his men, damaged their cars and used abusive language towards them. They also compelled the complainant and his men to put their signatures in a paper as per their dictation and allowed them to leave only upon assurance that they would not disconnect the line. Charge- sheet was submitted in the case against the sole accused Pardeshi and the case was taken on board for trial. Till such time, the petitioner's name did not appear either in the complaint, or in the charge-sheet or any other document. In course of trial, Atindra Chandra Das, who was the Divisional Engineer, Vigilance Cell, West Bengal State Electricity Board at the relevant time, was examined as prosecution witness no. 3 and he stated before the Court that Manoranjan Mondal (the petitioner) was the owner of the cold storage when the alleged incident occurred. Following his statement, the prosecution filed an application before the learned trial court under Section 319 of the Code praying for proceeding against the petitioner as an accused in the case along with two others. The said prayer was allowed by the trial court by the order impugned.

(3.) The provision of Section 319 of the Code is required to be set out: -