DULAL SANYAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Instant interlocutory application has been filed on behalf of the Petitioner Dulal Sanyal with the prayer for stay of entire criminal proceedings of GR Case No. 1849 of 2010, arising out of Parsudih PS Case No. 116 of 2010, pending in the Court of Shri T. Ahmad. Judicial Magistrate, 1st Class, Jamshedpur.

(2.) Petitioner has been figured as one of the accused in column- 7 at Serial No. 3 of the FIR for the alleged theft of electricity in the house giving rise to the offence under Section 379 of the Indian Penal Code as also under Sections 135/138 of the Indian Electricity Act.

(3.) Learned Counsel Mr. Maji at the outset submitted that the house, in question, belonged to the father of the Petitioner wherein his widow-mother used to live, who died some years ago and a caretaker was appointed to look after the house. Petitioner, as a matter of act, used to reside at Kolkata with his wife Chand Chakarborty, where his wife was posted as Material Chaser in the Indian Railways. Petitioner is ailing and totally dependent upon his wife. In support of the fact that he was residing at 53/29 Vidyatan Sarani (1st Floor), certificate was obtained from the Baranager Municipal Officer and after changing the tenanted flat, he has obtained another certificate from the same Municipal Office in the year 2010, which indicated that he is now living at 70/4, Institute Lane, near Baranagar Municipal Office, Kolkata.