- (1.) LEARNED Advocate Mr. Tapan Deb Nandi appears on behalf of the petitioner Nos. 1, 2 and 3 and he submits affidavit-of-service. Let this affidavit-of-service be kept with the records. None appears for the opposite parties in spite of service of notice.
(2.) THE application under section 401 read with section 482 of the Code of criminal Procedure filed by the petitioners is moved by the learned Advocate mr. Tapan Deb Nandi.
(3.) IN this application the petitioners have sought for quashing of the proceeding in Case No. C-735 of 1991 T. R. 14/93 under section 54/63/74 of the standards of Weights and Measures Act, 1976 pending before the learned judicial Magistrate, First Class, 5th Court, Sealdah. Mr. Nandi referred true copy of the complaint lodged against the petitioners by the Inspector of Legal metrology, certified copy of the order dated 4. 9. 1991 whereby the learned additional Chief Judicial Magistrate, Sealdah, South 24-Parganas took cognizance of the offence on the basis of the complaint from the Inspector of legal Metrology and the order dated 8. 9. 1993 passed by the learned Judicial magistrate, 5th Court, Sealdah, South 24-Parganas who by the said order rejected the application filed by the petitioners praying for their discharge on the ground of maintainability of the proceeding against them. Mr. Nandi referring to above documents submits that the petitioner No. 1 is the company and petitioner Nos. 2 and 3 have been described in the complaint as Directors of the company M/s. Krishna Chandra Dutta (Cookme) Pvt. Ltd.;