PRABIR KUMAR MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE C. R. R. is taken up for further hearing. Heard the learned Counsel for the State. The learned Counsel for the petitioner has already been heard.

(2.) THIS application has been filed for quashing the proceedings in G. R. Case no. 214 of 2003 arising out of Sonamukhi P. S. Case No. 37 of 2003 under sections 39 (l) (b) (c) and 44 of the Indian Electricity Act pending before the learned additional Chief Judicial Magistrate, Bishnupur, Bankura.

(3.) IT has been contended by the learned Counsel for the petitioner that the alleged occurrence took place on 18. 7. 2003. The FIR was lodged on that date and after investigation, the chargesheet has been submitted under sections 39 (1) (b) (c) and 44 of the Indian Electricity Act as amended by West Bengal amendment Act of 2001 and the cognizance on the basis of such chargesheet was taken by the learned Magistrate on 29. 9. 2003. The Indian Electricity Act, 1910 has been repealed and the Electricity Act, 2003 came with effect from 10. 6. 2003. In view of section 135 of the Electricity Act, 2003, the said Indian electricity Act, 1910 has been repealed. So, the question of filing chargesheet under the provisions of sections 39 (l) (b) (c) and 44 of the Indian Electricity Act as amended by West Bengal Amendment Act, 2001 does not arise and the cognizance on the basis of the said chargesheet cannot be taken by the learned magistrate and the entire proceeding is required to be quashed.