Kunj Bihari Agarwal v. State Of West Bengal And ANR

C.R.R.2690 of 2023 D/L430 02.08.2023 Bpg.

In Re: An application under Section 482 read with Section 327 of the Code of Criminal Procedure, 1973;

Kunj Bihari Agarwal

Versus

The State of West Bengal and another Mr. Sabyasachi Banerjee Mr. Anirban Dutta Mr. Shivam Bhimsaria ...for the petitioner.

Mr. Aniket Mitra.

...for the WBSEDCL.

Mr. Anwar Hossain Ms. Manisha Sharma.

...for the State.

Memo of evidence as well as the report submitted by the WBSEDCL be kept with the record.

There was no outstanding dues as has been stated by the WBSEDCL Authorities. There was dispute in respect of the meter being misplaced.

Having regard to the nature of the proceedings and the fact that nothing has proceeded since the last 11 years, I am of the opinion that as there are no outstanding nor there is any possibility of recovery neither there is any claim of the electricity authorities in respect of the consumer Id. No.122022716, further continuance of the proceedings would result in harassment.

Accordingly, all further proceedings relating to Bidhannagar (North) Police Station Case No.54 of 2012 dated

3.3.2012 under Section (a)(b) of the Electricity Act corresponding to Spl (I.E.) Case No.27 of 2020 pending before the learned Additional District Judge, 4th Court-cum-Special Court (under Electricity Act), Barasat, North 24 Parganas is hereby quashed.

Accordingly, CRR 2690 of 2023 is allowed.

Pending application, if any, is consequently disposed of. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)