BABLU HADA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application is for quashing of an investigational proceeding arising out of Liluah P.S. Case No. 154(11)/92 dated 16.11.92 under Section 39 of the Indian Electricity Act.

(2.) The opposite party No. 2 herein being an assistant Engineer of West Bengal State Electricity Board lodged a complaint against the petitioner under Section 39 of the Indian Electricity Act. It was alleged in the said complaint that the service connection of Connection Nos. K/2382 and K/2480 was disconnected on 23.5.92 and 17.8.92 respectively for non-payment of electricity charges. At the time of disconnection plastic seal bearing No. AB-00632 was fixed with Meter Box of service connection No. K/2382 and lead seal was fixed with meter box of service connection No. K/2480. It was alleged that the present petitioner broke the plastic seal as aforesaid and consumed electricity dishonestly and illegally through phase power Meter No. M-006332 which is a stop meter for the purpose of running his factory. On the basis of the aforesaid complaint the case was registered with Liluah Police Station as aforesaid.

(3.) The ld. Advocate appearing for the petitioner submits that no prior notice was contemplated under Section 20(3) of the Indian Electricity Act was served upon the petitioner at the time of inspection of the disputed meter in.question nor any inspection report or any report was prepared by the officers of the Board under Section 26 of the Indian Electricity Act. The next submission made by the ld. Advocate appearing for the petitioner is that the defacto-complainant was nor an electrical inspector appointed by any notification in the Official Gazette and he is not a person within the meaning of Section 50 of the Indian Electricity Act, 1910. Therefore, the prosecution started by the opposite party No. 2 is without jurisdiction and in view of the provision of Section 50 of the Indian Electricity Act. He is not empowered to lodge any complaint before the police station and as such the complaint is without jurisdiction and is liable to be quashed.