CALCUTTA HIGH COURTHigh Court at Calcutta The High Court at Calcutta (High Court of Judicature at Fort William>opened on 1st July 1862, with Sir Barnes Peacock as its first Chief Justice) was established by the Letters Patent dated 14th May 1862 (High Court's Act, 1861), which provided the jurisdiction and powers of the High Court.
(Appellete Side)
CRR/2966/2022
Ramanuj Sing & Anr vs Unknown
DATE: 05.01.2023
ACTS: Section 17(1) of the West BengalWest Bengal Bengal derived its name from Vedik king Vanga (Son of Vali). Banga was part of the Magadha Kingdom of Jarasandha and later Nanda dynasty. After the Garuda Dynasty ( history lost) the region was named Gouda Bhumi. Inland Fisheries Act, 1984 and Section 4(d) of the WBLR Act, 1955 and Section 482 of the Code of Criminal Procedure
Mr. Syed Arif Ahmed, Adv, Mr. Sandipan Ganguly, Adv.
…for the petitioners.
Mr. Swapan Banerjee, Adv., Mr. Anindya Sundar Chatterjee, Adv.
…for the State.
ORDER
Bibek Chaudhuri, J.
Petitioners have approached this Court invoking inherent jurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case. under Section 482 of the Code of Criminal Procedure with a prayer to quash the FIR filed by the opposite party no. 2, BL&LRO, Salanpur in the district of Paschim Burdwan on the basis of which a case under Section 17(1) of the West Bengal Inland Fisheries Act, 1984 and Section 4(d) of the WBLR Act, 1955 was registered against the petitioners and on conclusion of investigationInvestigation Purpose of all investigation is to reveal the unvarnished truth. The constitutional courts are duty bound to ensure that the truth is revealed. Police submitted charge-sheet against them.
In course of argumentArgument An argument serves as the process of presenting reasons to support a belief, and also refers to the reasons themselves. It can also denote a disagreement where opposing parties openly voice their opinions and dispute each other's claims. In U.S. v. Palma, the Eighth Circuit rejected the use of the "golden rule" argument, emphasizing that it could lead jurors to decide based on personal bias rather than evidence, thus departing from neutrality. it is found from the record that after lodging of the FIR the petitioner approached this Court in Constitutional Writ Jurisdiction under Article 226 of the ConstitutionConstitution The Constitution encompasses the global system of rules governing constitutional authority. Simply reading selected provisions of the written text may be misleading. Understanding the underlying principles, such as federalism, democracy, constitutionalism, the rule of law, and respect for minorities, is crucial. Democratic institutions must allow for ongoing discussion and evolution, reflected in the right of participants to initiate constitutional change. This right entails a reciprocal duty to engage in discussions. Democracy involves more than majority rule, existing within the context of other constitutional values. Therefore, a profound understanding of these principles informs our appreciation of constitutional rights and obligations. Read more by filing WPA 5542/2020. In the said writ petition it was specifically contended by the petitioners that the petitioners used to carry on pisciculture in the pond in question and for the purpose of pisciculture they employed some persons to clean the pond. The opposite party no. 2 lodged a false complaint against the petitioners alleging, inter alia, that the petitioners with the help of some other persons were trying to fill up the said pond.
The said writ petition was disposed of with the following order:-
The petitioner will be entitled to carry on pisciculture in the water body in question, if he is otherwise entitled to do so in law. However, supervision of the local police station will not be necessary any further. The local police may visit the water body in question from timeTime Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) to time only for the purpose of ascertaining as to whether or not the petitioner is filling up the water body in question. The police shall not interfere with the petitioner’s business of pisciculture in any manner during such visits. The proceedings initiated by the administration against the petitioner under the 1955 Act shall continue and will be concluded without being influenced by anything stated in this order. However, needless to say, the petitioner shall be given full opportunity of contesting such proceedings.
In view of the above order permitting the petitioners to continue with the business of Pisciculture in the said pond, the FIR lodged by the local BL & LRO becomes redundant. The Writ Court also directed the Police Authority to visit the said water body from time to time only for the purpose of ascertaining as to whether or not the petitioners are filling up the water body in question.
In view of the above direction, charge-sheet filed on the basis of the FIR lodged by the BL &LRO, Salanpur against the petitioners is liable to be quashed. Accordingly, the instant revision is allowed.
Charge-sheet No. 23/2021 dated 28 th February, 2021 filed in Salanpur Police Station Case No. 62/2020 dated 27 th April, 2020 corresponding to GR Case No. 868/2020 be quashed.
This order, however, will not disentitle the Police Authority from making occasional visit to supervise as to whether the said water body is filled up or not by the petitioners.
The parties are at liberty to act on the server copy of the order.
Bibek Chaudhuri, J.