SAMSUL HAQUE GAZI Vs. STATE

JUDGEMENT

(1.) In the instant application under Sections 482, Cr. P.C. the accused of Domjur Police Station Case No. 188 dated 30-10-1989 under Sections 39 of the Indian Electricity Act has prayed for quashing of the said prosecution.

(2.) The said case was registered on the strength of an FIR lodged by Assistant Engineer, Domjur Group Electric Supply, West Bengal State Electricity Board, District Howrah. According to the FIR, on 30-10-1991 at about 15-45 hrs the informant along with some other officials of the Domjur Group Electric Supply and also some local police officers (Vide Domjur P.S. G.D. Entry No. 1236 dated 30-10-1991) held inspection at the house of the petitioner and found the petitioner in the act of abstracting consuming/using electric dishonestly from the Ankur Hati line situated at Ankur Hati in his said house/shop by way of direct hooking/tapping/diverting/pilfering and thereby caused loss of revenue to the tune of Rs. 150/- per month. The FIR further discloses the fact in committing such dishonest abstraction/consumption/use of electric energy the petitioner used a single core PVC wire with hooks six mts. approx and one set of tube light set (Comp) with tube as the electrical hooking devices/accessories/attachments. The said electrical devices and accessories were seized by the police. At about 18-15 hrs. the informant went to Domjur Police Station and lodged the FIR on the basis of which the aforesaid police case was instituted.

(3.) The petitioner came up with the instant revisional application on 13-11-1991 challenging the legality of the prosecution only on ground of non-compliance with the requirements of Sections 50 of the Indian Electricity Act as amended upto date.