Rabiul Alam @ Md. Rabiul Islam vs Unknown
2021 Latest Caselaw 3507 Cal

    28
30.06.2021

rrc

CRR 642 of 2021 with CRAN 2 of 2021 In re : An application for fresh/extension of the interim order dated 27.04.2021.

In the matter of : Rabiul Alam @ Md. Rabiul Islam ..... petitioner

Mr. Mujibar Ali Naskar .....For the petitioner

Md. Anwar Hossain Ms. Sreyashee Biswas ......For the opposite party no. 1

Mr. Aniket Mitra ......For the opposite party no. 2/ Distribution Company

This is an application for quashing the Special Case No. 45 of

2015 arising out of Ratua Police Station Case No. 24 of 2015 dated

February 11, 2015 under Section 135(1)(a) of the Electricity Act,

2003 pending before the learned Judge, Special Court, 1st Court,

Malda.

It is the specific submission of the petitioner that the

proceedings have been initiated against him due to mistaken

identity. In support of such submission, learned advocate for the

petitioner relies upon a judgment dated February 2, 2016 passed in

W.P. 10965 (W) of 2015. He further refers to a letter dated February

24, 2016 issued by the Distribution Company whereby the

petitioner was released of the provisional assessment.

Mr. Aniket Mitra, learned advocate appearing for the

Distribution Company admits that the case was initiated against

the petitioner due to his mistaken identity.

Md. Anwar Hossain, learned advocate appearing for the State

submits that in this case charge-sheet has already been submitted

against the petitioner and the investigating agency is not aware of

the subsequent developments, which has taken after filing of the

charge-sheet.

If this is a case of mistaken identity and such is admitted by

the Distribution Company, it would be a miscarriage of justice to

continue with the pending criminal proceeding against the

petitioner.

In view of the matter, let an affidavit be filed by the

Distribution Company disclosing their stand in this matter within a

period of three weeks from date. Let such an affidavit be served

upon the petitioner as well as on the State.

List this matter after three weeks under the same heading.

The interim order passed in this case will continue till the

disposal of this application.

(Kausik Chanda, J.)