PRANTOSH DAS Vs. STATE OFWEST BENGAL

JUDGEMENT

(1.) THE petitioner has filed instant application under section 401/482 of the Code of Criminal Procedure for quashing the Daspur p. S. Case No. 23/2007 dated 15. 2. 2007 corresponding to G. R. Case No. 56/2007 under section 135 (1) (a) of Electricity Act, 2003 (hereinafter called the Act.)

(2.) THE petitioner's case in short is that the petitioner is a cultivator and he used to cultivate his land by obtaining water supply from the submersible pump of one Gostha Behari Adak bearing service connection No. SK/iri/1914, consumer No. S-840622. The said connection was situated on Dag No. 716 but due to insufficiency of the water level, the said Gostha Behari Adak shifted the pump on Dag No. 3084 which was adjacent to Dag No. 716. The said dag belongs to one Bablu Das who is the younger brother of the petitioner and written permission was obtained from Bablu Das by Shri Gostha Behari Adak.

(3.) PETITIONER states that on 15. 2. 2007 Shri Prasanta Kumar Roy (Opposite party No. 2), who is the Station Manager, Sonakhali Group Electric Supply alongwith some officers came for inspection of the said submersible pump and subsequently petitioner came to learn that the inspection team disconnected power of the said submersible pump for default in payment of electricity bill. Petitioner was not present during inspection. However, petitioner could learn that Opposite Party No. 2 lodged FIR at thana against the petitioner for commission of offence of theft of electricity and accordingly police registered daspur P. S. case No. 23/2007 against the petitioner. It is specifically stated by the petitioner that he has no connection with the said submersible pump and moreover the said submersible pump is not even situated on the land of the petitioner.