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1. The petitioners in this Rule are co-owners of premises No. 155, Netaji Subhas Avenue, Serampore. Sometime in 1981, they submitted to the Serampore Municipality for sanction a plan for carrying out certain additions and alterations in respect of the said building and the plan was duly sanctioned.

2. In September, 1981, however, the chairman of the Municipality informed petitioner No. 1 in writing that an enquiry would be held in connection with the building plan sanctioned by the Municipality. Accordingly, an enquiry was held and the report submitted disclosed certain deviations from the sanctioned plan.

3. Thereafter, petitioner No. 1 received a letter from the Chairman of the Municipality asking him to explain why certain portions of the building, as mentioned in the letter, would not be demolished. Pursuant to the said letter, petitioner No. 1 sent an explanation raising certain objections therein but, ignoring the explanation, a complaint under Section 501 of the Bengal Municipal Act, 1932 (Act for short) was lodged against the petitioners in the court of the learned Sub-Divisional Judicial Magistrate, Serampore. The' learned Sub-Divisional Judicial Magistrate took cognizance on the basis of the complaint and issued summonses for appearance of the petitioners.

14. In the instant case, no warrant of arrest was issued against petitioner No. 2 and, that being the position, his personal appearance in court could never be a sins qua non for consideration of his application under Sub-section (1) of Section 205, Criminal Procedure Code. This shows the danger of relying upon a decision without going through it and such unhealthy practice cannot but be severely condemned.

15. Petitioner No. 2 is a member of the West Bengal Higher Judicial Service and, we are told, is at present posted as a judge of the City Civil and Sessions Court, Calcutta. It is needless to point out that he has to remain busy with the cases pending in his file and cannot afford to attend the court of the learned SubDivisional Judicial Magistrate at Serampore on the dates fixed without serious disruption of his official work and harassment of the litigant public whose cases are pending in his court.