CRIMINAL PROCEEDINGS BASED ON AN FIR THAT DOES NOT CONTAIN ANY DEFINITE ACCUSATION SHOULD BE QUASHED.

P.K. Mukherjee, J.

1. THIS writ petition has come up for final hearing in presence of Mr. D. P. Sengupta appearing on behalf of the State respondents.

2. WHEN this writ petition was moved before this court on February 18, 1991, this court passed direction for filing affidavits after passing civil order and directed that the criminal case initiated in the court of the learned Judge, Special Court-II under E.C. Act, Calcutta in G.R. Case No. 2086/91) will continue but no final judgment 'be passed pending disposal of the departmental appeal pending before the Director of Consumer, Goods, being respondent No. 2 and the Director of Consumer Goods, West Bengal, was directed to dispose, of the appeal preferred by the petitioner as quickly as possible preferably within a period of six weeks from the communication of this order passed by this court. Ultimately the Director of Consumer Goods had disposed of the departmental appeal March 11, 1991. The said decision of the appellate authority is quoted herein-below :

"In the circumstances, in consideration of the fact that due observation of the requirement of law as per Kerosene Control Order having not been made, and the alleged customers having reported to the shop at a time when it was not supposed to remain open, hence the question of refusal to sell SK. oil does not arise-the cancellation of the licence of the appellant has not been proper, more so, when he was not given the opportunity of being heard properly and the order of suspension was not only communicated to him".

This court further passed an order to the effect that as the order of cancellation of the licence was revoked by the appellate authority, this court adjourned the hearing of the Writ petition, and directed that the entire matter be taken up for final hearing regarding the quashing of the criminal case being G.R. Case No. 2086 of 1990 pending in the court of the learned Judge, Special Court-II (under E.C. Act), Calcutta. Accordingly, this writ petition has come up for final hearing in presence of the learned Advocate appearing for both the parties.

3. MR. Agarwalla, appearing on behalf of the writ petitioner submits that in view of the order passed by the Director of Consumer Goods, West Bengal, on February 11, 199 1 which was communicated to the petitioner on March 4, 1991, whereby the order of cancellation of the licence was removed and the licence was restored, there is no necessity of continuation of the criminal case on the basis of the F.I.R. lodged by the Sub-Inspector of Police, Enforcement Branch.

4. IT appears from the F.I.R. submitted by A. K. Sarkar, Sub-Inspector,. Enforcement Branch, that the petitioner has been charged for refusing to sell kerosene oil although there was sufficient stock of kerosene oil at about 06.45 hrs. to one Sri Gouri Sankar Mallick, Kamal Samanta and Anil Kumar Gupta on September 26, 1990. The petitioner was also found guilty for violation of the provision of paragraph 12 of the West Bengal Kerosene Control Order 1968 and the condition of the licence as mentioned to the S.L. No. 8 of the said order and para 3 (2) of the West Bengal Declaration of Stock and Prices of Essential Commodities Order, 1977 and punishable under section 7 (1) (a) (ii) of the E.C. Act. As in the departmental appeal, the petitioner has been acquitted from the aforesaid charges, according to the petitioner, there is no necessity for continuation further with the criminal trial.

5. MR. D. P. Sengupta, appearing for the State respondents submits that since the charge sheet had already been submitted on December 12, 1990 and cognizance has been taken by the learned Judge, Special Court-II, normally this court may not interfere with the criminal proceeding and the Writ petitioner may be given leave to move before the criminal revision jurisdiction of this court for quashing the criminal trial.

6. IN reply, Mr. Agarwalla had placed reliance on the recent judgment of the Supreme Court in the case of State of