Abul Hasan @ Md. Abul Hussain And ... vs The State Of West Bengal & Anr
2022 Latest Caselaw 193 Cal

Form No. J(2)

IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side

Present:

The Hon'ble Justice Jay Sengupta

CRR 199 of 2022

Abul Hasan @ Md. Abul Hussain and others Vs.

The State of West Bengal & Anr.

For the Petitioner            :   Mr. Sabyasachi Chatterjee
                                  Mr. Imtaiz Ahamed
                                  Mr. Sandipan Das

Heard on:                     :   27th January, 2022

Judgment on :                 :   27th January, 2022


The Court:

This is an application seeking quashing of an investigational

proceeding under Section 427 read with Section 34 of the Indian Penal

Code and Section 138 of the Electricity Act.

Learned Counsel appearing for the petitioner submits as

follows. The petitioners were engaged in protests against the CESC for

trying to make overhead connection for electricity lines. For this, the

petitioners were targeted unfairly and cases were started against them.

They are absolutely innocent. The de facto complainant had no

authority to enquire or investigate into the offences. This investigation

means nothing so far as the criminal proceeding is concerned.

No prima case is made out against the petitioner as would be evident

from the plain reading of the FIR. The ingredients of Section 138 have

not been clearly made out in the factual matrix of the case. Any further

continuation of the impugned proceeding shall be an abuse of process

of law.

I have heard the submissions of the learned counsel appearing

for the petitioner and have perused the revision petition.

First, whether a de facto complainant conducts his own inquiry

or not before lodging a First Information Report is not relevant. It is

settled law that if an informant lodges a First Information Report

alleging a cognizable offence, then a First Information Report has to be

registered. Thereafter, it becomes the duty of the investigating agency

to investigate into the case. This is exactly what appears to have been

happened in the present case.

The power of the police officer to investigate into an offence

under the Electricity Act and of a learned court to take cognizance on a

police report are clearly delineated in Sections 151 and 151-A of the

Electricity Act.

From a plain reading of the FIR, it appears that a prima facie

case is made out under Section 138 (1) (d) of the Electricity Act and

Section 427 of the Penal Code. It is clearly alleged there that the

accused were responsible for the damage caused to the electrical

network of electricity company.

Even without going into the question of whether mala fide alone

can be a ground for quashing an investigational proceeding, it is

abundantly clear that no discernible case of mala fide has been made

out against the de facto complainant in the instant case.

Besides, whether the accused is innocent or not is a disputed

question of fact that can only be decided during trial.

The case is at the stage of investigation. As such, I find no

reason to interfere with the same at this stage.

Accordingly, the revisional application is dismissed.

There shall, however, be no order as to costs.

The petitioners shall be at liberty to raise all the points taken

up in this application before the learned Trial Court at an appropriate

stage.

Urgent photostat certified copy of this order may be supplied

to the parties expeditiously, if applied for.

(Jay Sengupta,J.) KB