SABIR ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By filing this application the petitioner seeks to quash the proceeding arising out of Burdwan P.S. F.I.R. No.918 dated 28th July, 2014 under Section 138 of the Electricity Act, 2003 and under Section 186 of the Indian Penal Code.

(2.) The genesis of the case against him is traced to an incident that took place on 28.07.2014 at about 11.56 a.m. when the complainant Pradip Nandi, AE & SM, BDN CCC-iii Electricity supply along with other official went to check the disconnected premises at Becharhat opposite to Satima Cold Storage. It was noticed that Consumer ID 512070220 with Meter No.HH961636 and Consumer ID No.512064929 with Meter No.960514 both in the name of Monoranjan Mandal now user Sabir Ali were still then disconnected for non-payment of outstanding dues but inhabitants of both the premises are enjoying electricity from other premises of consumer No.512052899 through Meter No.K048279 in the name of Monoranjan Mandal now user Sabir Ali. After inspection, report was prepared and they seized approximately 130 meter 2 core cable through which power was supplied to the disconnected premises from Consumer ID 512052899. The Inspecting team tried to disconnect the existing live connection of Consumer ID 512052899 but could not due to obstruction of the user.

(3.) On such occurrence the complainant lodged FIR alleging offence under Section 138 of the Electricity Act, 2003 (as amended) and under Section 186 IPC. Upon such complaint Burdwan P.S. Case No.918 dated 28.07.2014 under the aforesaid Section was registered and the investigation was taken up and is still in progress.