- (1.) Since both the CRRS involve common issues between similar parties, they are taken up for hearing analogously. In CRR 2425 of 2010 the petitioner challenges the criminal proceeding initiated on the basis of Gariahat P.S. Case No. 277 dated 26th September, 2009 under Sections 120B/431 of the Indian Penal Code (for short IPC) and the purported notice dated 9th July, 2010 issued in connection with the said case.
(2.) The short facts of the case are follows:- That on 26th September, 2009 at about 22:00 hours the defacto complainant, being the opposite party no.2 (for short OP2) in this application, left his house to visit various Durga puja pandals. At about 00:20 hours at night when the OP2 arrived at the Evergreen Puja Pandal on Ekdalia Road, suddenly electricity supply went off and the entire area became dark. There was a chaotic situation in the area and the crowd panicked apprehending threat to the safety and security of the visiting public.
(3.) At about 00:30 hours, i.e. after 10 minutes, power was restored. However, the OP2 proceeded to lodge a complaint with the Gariahat P.S. which was recorded as First Information Report (for short FIR) No. 227 dated 26th September, 2009 against unknown accused persons including officials of the Calcutta Electric Supply Corporation (for short CESC). A complaint of criminal conspiracy under Section 120B IPC read with Section 431 IPC relating to mischief by injury to public road, bridge, river and channel was recorded by one, Mani Kr. Sharma, the then Sub-Inspector (for short SI) of Police, Gariahat P.S. The statement of the OP2-defacto complainant was also recorded by the said Mani Kr. Sharma in which the OP2, inter alia, had stated that unknown persons conspired together to illegally shut down the power supply for the period with intent to cause mischief.;