Salia Das & Anr vs The State Of West Bengal & Ors
2022 Latest Caselaw 1303 Cal

Form No. J(2)

IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION

Present:

The Hon'ble Justice Jay Sengupta

C.R.R. 827 of 2022

Salia Das & Anr.

-vs-

The State of West Bengal & Ors.

For the Petitioners            : Mr. Sudip Ghosh Chowdhury


Heard on                        : 17.03.2022

Judgment on                     : 17.03.2022



Jay Sengupta, J.:

Learned counsel appearing on behalf of the petitioners submits as

follows. The petitioners are the president and the secretary of a market

committee for the market in which the opposite party no. 2 is having a

shop. There is one electricity meter from which electricity is consumed

by all the shop owners. The opposite party no. 2 had not been paying

his share of electricity bills for long. That is why, with consultation

with the electricity authorities, the market committee disconnected the

electricity connection to the shop room of the opposite party no.2.

Aggrieved with this, the opposite party no. 2 filed an application under

Section 144 of the Code praying for reconnection of electricity, among

others. This kind of an application cannot be entertained under Section

144 of the Code.

I have heard the submissions of the learned counsel for the

petitioner and has perused the revision petition.

It is very true that an application under Section 144 of the Code

cannot be filed for seeking such relief as connection of electricity.

However, from the order passed by the learned Executive

Magistrate dated 18.01.2022 it appears that the learned Magistrate has

only dealt with the issue of apprehension of beach of peace, which is

also subject matter of the application. There is no restraining order

whatsoever passed in regarding the disconnection of electricity. The

opposite party therein had been asked to show cause and the police

station was directed to maintain peace and tranquility.

As such, I do not find any illegality in the impugned order.

Let the learned Executive Magistrate dispose of the application

under Section 144 of the Code expeditiously after hearing all the parties

and keeping in mind the observations made by this Court as above.

With these observations, the revisional application is disposed of.

Urgent photostat certified copy of this order may be supplied to

the parties expeditiously, if applied for.

(Jay Sengupta, J.)

12/Ct.39 tbsr