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ANANYA BANDYOPADHYAY
Gan Nayak Pathak – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
ANANYA BANDYOPADHYAY, J.
1. The Additional Director General and Chairman, Fire Safety Audit Committee, West Bengal Fire and Emergency Services lodged a complaint dated 23.12.2011 against the petitioner being a staff of Kothari Medical Centre situated at 8/3, Alipore Road, Kolkata-700027 for violation of the provisions enunciated in Section 11(C) of West Bengal Fire Services Act, 1950 with up to date amendment. The complaint precisely stated the aforesaid Kothari Medical Centre to initiate functioning without obtaining of N.O.C. from the Fire Service Department.
2. On an inspection on 20.12.2011 infringement of the provisions of Section 11(C) of West Bengal Fire Services Act as aforesaid was noticed. Fire prevention and Fire Safety measures to combat the hazards associated with the aforesaid medical centre could not be established.
3. The specified violations entailed cognizable offence punishable under Section 11L and 11J of the aforesaid Act. Accordingly, the complaint was lodged against the petitioner and the other appropriate authorities of the said Medical Centre in the interest of public policy.
4. Based on the above complaint Alipore PS Case No. 388 dated 23.12.2011 was
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