SUBHASH CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) HEARD the learned Advocates appearing for the parties.

(2.) IN this application the petitioners pray for quashing of proceeding pending before the learned Judge, 3rd Special Court Bankura. in connection with Bankura Police Station Case No. 201 of 2006 dated 31. 8. 2006 under Sections 135 (1) (a) (b) and (c) of the Electricity Act. corresponding to G. R. Case No. 571 of 2006 on the ground that no Court can take cognizance of an offence under Electricity Act, 2003 on the basis of a complaint lodged by police officer or on the basis of a police report.

(3.) MR. Chatterjee learned Advocate for the petitioners drawing my attention to Section 151 of the Electricity Act, 2003 submits that in connection with the case, Carge-Sheet No. 244 of 2006 was submitted before the learned Judge, 3rd Special Court, Bankura on 30. 9. 2006 under sections 135 (1) (a) (b) and (c) of the Electricity Act. 2003 whereupon on 12 10. 2006 the learned Judge, Bankura took cognizance of an offence. It. is submitted by Mr. Chatterjee that in view of Section 151 of the Electricity act, 2003 no Court shall take cognizance of an offence punishable undei this Act except upon a complaint in writing made by appropriate government or appropriate Commission or any of their officer authorized by them or a Chief Electrical Inspector or an Electrical Inspector or Licensed or the Generating Company, as the case may be, for this purpose.