PRANABANDHU MISRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner is being prosecuted for an offence under Section 379, I. P. C. on the allegation that he committed theft of electric energy. He prays for quashing the criminal proceeding in G. R. Case No. 87 of 1979 on the ground that it has been instituted in violation of Section 50 of the Indian Electricity Act. That Section reads :

(2.) THERE can be no doubt that the prosecution was instituted in this case for an offence against the Indian Electricity Act because, under Section 39 of the Act, dishonest abstraction, consumption or use of electric enery is deemed to be theft, within the meaning of the Indian Penal Code.

(3.) APPARENTLY the prosecution has not been started at the instance of the Government or an Electrical Inspector. P. W. 2 who lodged the First -Information. - -Report with the police is Sub -Assistant Engineer (Electrical) of the Nersinghpur Construction Devision. He is not himself the person aggrieved. There is, no doubt, that the person aggrieved was the Orissa State Electricity Board. The Board could, however, act only through some person.