Gangadhan Marchantitle Pvt. Ltd. v. West Bengal State Electricity Distribution Company Limited.

11.03.2020 pg.

Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction WPA 534 of 2020 Gangadhan Marchantile Pvt. Ltd.

-versus The West Bengal State Electricity Distribution Company Limited & Ors.

Mr. Milindo Paul Mr. Nabankur Paul ...For the petitioner Mr. Debabrata Dhar, AGP Ms. Paramita Sahu ...For the State Mr. Sudipta Kanta Bhowmik Ms. Dipti Bhowmik ... For the respondent no.3 In terms of the order dated 2nd March, 2020, the respondent no.2 is personally present in Court. His personal presence is dispensed with.

On behalf of the respondent no.3, two letters have been handed over to this Court, one dated 22nd February, 2020, issued by the respondent no.3 to the Inspector-in-Charge, Bhaktinagar Police Station, District - Jalpaiguri, with a request to take necessary steps to drop the proceedings against the petitioner. The second letter is dated 3rd March, 2020. This is issued by the respondent no.3 to the Commissioner of Police, Siliguri Police Commissionerate. The second letter is subsequent to the order dated 2nd March, 2020.

Copies of the two letters dated 22nd February, 2020 and 3rd March, 2020 are taken on record. It is unfortunate to note that the Inspector-in-Charge, Bhaktinagar Police Station, has taken no steps despite receiving the letter dated 22nd February, 2020.

After considering the respective submission and the materials on record, I feel that justice will be subserved if the respondent nos.4 and 5 are directed to submit the two letters respectively dated 22nd February, 2020 and 3rd March, 2020 before the Special Court so that the criminal case as against the petitioner can be dropped. Copies of the letters dated 22nd February, 2020 and 3rd March, 2020 are made over by the advocate for the respondent no.3 to the advocate for the petitioner as also to the advocate for the respondent nos.4 and 5.

It is expected that the respondent nos.4 and 5 shall act as expeditiously as possible and submit the two letters with the learned Special Court within a period of ten days from the date of passing of this order. It is made clear that in the event the respondent nos.4 and 5 do not file the two letters before the Special Court, the petitioner will be at liberty to file the same. All parties, including the learned Special Court, are directed to act upon a server copy of this order.

The writ petition is disposed of.

There shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties as early as possible.

(Arindam Mukherjee, J.)