BISWANATH PATRA Vs. DIVISIONAL ENGINEER

JUDGEMENT

(1.) Pursuant to the earlier order passed by this Court, supplementary affidavit filed on behalf of the petitioners in Court today, be kept on record.

(2.) This is an implication under Section 482 read with Section 401 of the Criminal Procedure Code, 1973 for quashing of proceedings arising out of Taldangra P.S. Case No. 44 of 2004 dated 9th October, 2004 under Section 135 (i) (c) of the Electricity Act, 2003, read with Section 379 of the Indian Penal Code corresponding G. R. Case No.234 of 2004 pending before the learned Sub-Divisional Judicial Magistrate, Khatra, Bankura.

(3.) From the case made out by the petitioner in the present application and after having heard the learned Advocate appearing on behalf of the petitioner and the learned Advocate appearing on behalf of the State, it appears that there are two questions of law involved in the instant case. These are:- (1) Whether the Court can take cognizance of an offence punishable under the Electricity Act, 2003 upon a complaint in writing made by any person other then one who is authorised to do so under the provisions of Section 151 of the said Act? (2) Whether an offence under Section 379 of the Indian Penal Code will lie for theft of electricity, when for the selfsame offence a person is charged under Section 135(i) (c) of the Electricity Act, 2003?