BINOD GIRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the counsel for parties.

(2.) THIS application is for quashing the order of cognizance, dated 10.8.2005, as well as entire proceeding of Raxaul RS. Case No. 106 of 2006. Case has been instituted for offences under Sec. 379. of the Indian Penal Code and under Sections 39 and 44 of the Electricity Act.

(3.) PETITIONER 'scase is that since allegation against the petitioner was regarding the theft of electricity by taping, in order to avoid litigation and harassment, entire amount of arrears and penalty was deposited in the office of Electrical Executive Engineer, Electric Supply Division, 1/1/2013 Page 260 Radheyshyam Mishra Versus State Of Bihar Raxaul, on 9.7.2005. A certificate of no dues of penalty was also issued by the competent authority, which was submitted before the Court at the time of granting bail to the petitioner on 11.7.2005. In the given circumstance, as provided under Sec.152 (3) of the Electricity Act, 2003 , which relates to compounding of offences, entire criminal proceeding against the petitioner should be dropped.