Rakona Rice Mill & Anr vs The State Of West Bengal & Ors
2023 Latest Caselaw 223 Cal

Form J(1)       IN THE HIGH COURT AT CALCUTTA
                   Criminal Revisional Jurisdiction
                             Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri

                      C.R.R. 3453 of 2022
                    Rakona Rice Mill & Anr.
                              Vs.
                The State of West Bengal & Ors.

For the petitioners    : Syed Julfika Ali, Adv.

Heard on               : 09.01.2023

Judgment On            : 09.01.2023.


Bibek Chaudhuri, J.

The petitioner No.1 Rakona Rice Mill is a partnership firm

represented by petitioner No.2. As per agreement with West Bengal

Essential Commodities Supply Corporation Limited (WBECSCL), it was

agreed that the petitioner shall supply paddy to the WBECSCL within

specific period of time. However, there was shortfall in quantity of

paddy which was supplied by the petitioners and subsequently vide

order dated 19th September, 2016, the District Controller, Bardhaman

extended the period of validity of supplying of the remaining portion

of paddy till 29th September, 2016. The petitioners duly complied

with the said order and during the extended period, supplied

remaining portion of paddy to the concerned authority/opposite party

No.2. Thereafter, the Purchase Officer, WBECSCL wrote a letter on 3 rd

October, 2016 to the Officer-in-Charge, Golshi Police Station

requesting him to withdraw the FIR instituted against the petitioners

as they have duly delivered paddy within the extended period of time.

The said fact was also communicated to the General Manager,

WBECSCL.

However, the Investigating Officer did not stop investigation or

alternatively did not file final report in respect of the said case. On

the contrary, he submitted charge-sheet against the petitioners under

Sections 406/420 of the Indian Penal Code.

It is submitted by the learned Advocate for the petitioners that

the petitioners brought the said fact to the learned Chief Judicial

Magistrate, Purba Bardhaman but without taking cognizance into the

said papers, he is proceeding with the trial of the case.

Learned Advocate for the petitioners submits the certified copy

of the deposition of the witness No.1, who is the de-facto complainant

of this case. He clearly stated in his cross-examination that after the

expiry of the agreement, the term of the agreement was extended till

29th September, 2016. But he lodged the FIR against the accused on

21st September, 2016. He also submitted that remaining paddy was

delivered by the accused to the department within the said extended

period of time.

In view of such circumstances, this Court has every doubt as to

how the trial of the case is being proceeded with.

The petitioners are given liberty to produce all relevant

documents before the learned Chief Judicial Magistrate, Purba

Bardhaman who is directed to consider the said documents and if he

finds that continuation of trial of the case is a futile exercise, he is at

liberty to pass necessary order in accordance with law.

The instant revision is according disposed of.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.29.

D/L.