S.K.Tiwari, J. - (1.) This revisional petition has been filed by the accused against the order taking cognizance of the offence punishable under section 435 of the Calcutta Municipal Corporation Act, 1980, by Municipal Magistrate, Calcutta, in Case No. 4320-B of 1988.
(2.) The contentions of the learned counsel for petitioner is that (1) the complaint has not been lodged by the Municipal Commissioner; (2) The complainant was not examined under section 200 Cr. P.C. and (3) The accused was not required to take licence from the Corporation for carrying out his whole sale drug shop.
(3.) As regards point no. 1, the learned counsel relies on Supreme Court Judgment reported in (1) AIR 1960 SC at page 576 (Ballabh Das v. J. C. Chakrawarty), (2) Corporation of Calcutta v. Bibhuti Basu 73 CalWN 786 and (3) C. Lakhotia v. S. K. Mondal, 87 CalWN 859.;