CORPN OF CALCUTTA Vs. BHAGAT OIL MILL

JUDGEMENT

(1.) I have heard the learned Advocates on both sides. While examining the records a very peculiar circumstance has appeared. The petition of complaint in the original record was not signed by the Commissioner of the corporation of Calcutta. So in view of section 585 read with section 30 of the Calcutta Municipal Act 1951 and section 200 of the Code of Criminal procedure this Court cannot consider the petition of complaint as presented before the learned Magistrate as one according to law. The signatories to the petition of complaint are the Sanitary Inspector and the Health Officer of the Corporation of Calcutta. The complainant in the present case was none but the Corporation of Calcutta. Section 585 (a) (i) and (ii) says that