Calcutta High Court (Appellete Side)
(Debapratim Neogie vs State Of W.B. & Anr.) on 11 July, 2019
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
1 560 11.07.2019
CRR 1376 of 2019 an Court No. 14 (Debapratim Neogie vs. State of W.B. & anr.) Mr. Avirup Mondal Mr. Soumalya Ganguli ... for the petitioner Mr. Binoy Panda Mrs. Puspita Saha ... for the State The opposite parties have lodged the complaint which was registered as an F.I.R. under Sections 420 and 406 of the Indian Penal Code on 29.08.2018.
In the said investigation a final report was filed under Section 173 of the Code of Criminal Procedure before the concerned learned Chief Judicial Magistrate, Durgapur.
The dispute essentially is that there was an agreement between the petitioners and the opposite party that electricity would be supplied at a particular level. The opposite party has alleged that there was breach of agreement between the parties and lodged a complaint which is registered as the F.I.R. as stated above.
It is also provided in the agreement that the opposite parties would be entitled to draw electricity directly from a licensee if they are not satisfied with the supply made by the petitioners. The dispute appears to be substantially civil in nature.
It is true that the Hon'ble Supreme Court has laid down that all disputes that are based or originated in civil relations do not necessarily get extinguished from a criminal liability.
However, it is equally true that the nature of the instant dispute is completely and wholly civil in nature, since the remedies are available to the opposite parties to obtain electricity directly from a licensee concerned. 2 In such circumstances, there shall be a stay of further proceedings arising out of the F.I.R. dated 29.08.2018 being No. 5337 lodged by the Durgapur Police Station for a period of 12 weeks from date.
It is also relevant to mention that the anticipatory bail has been granted to the petitioner in CRM 8467/2018 vide order dated 13.11.18 passed by a Division Bench of this Court wherein it is held that the dispute is primarily civil in nature.
Let the matter stand adjourned for a period of 8 weeks and appear in the list as 'contested application'.
The petitioner shall serve copies on the opposite parties and file affidavit of service on the next date of hearing.
(Rajasekhar Mantha, J.)