RATAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition has been filed by the petitioner against the order dtd. 3/3/2014 passed by the learned Special Judge, Electricity Act Cases (Additional Sessions Judge No. 1), Jodhpur, by which the learned trial court dismissed the application of the petitioner for terminating the proceedings on the basis of compounding of offences punishable under Ss. 135 and 138 of the Indian Electricity Act, 2003.

(2.) Learned counsel for the petitioner submits that respondent No. 2 Asstt. Engineer (Vigilance) in the Electricity Department made a search of the house of the petitioner and found that theft of electricity was being committed therein. An FIR No. 271/2012 was registered at Police Station A.P.T., Jodhpur. Thereafter, challan was presented. Meanwhile, the petitioner deposited amount towards civil liability and penalty for compounding the said offence on 12/11/2012. This fact is not controverted by the learned counsel appearing for the respondent-Department. Despite the deposition of amount towards civil liability, the learned trial court framed the charges for the aforesaid offences. Under this circumstances, the petitioner moved an application for compounding the offences but the same was dismissed by the trial court.

(3.) Learned counsel for the petitioner relied upon the decision of the Hon'ble Supreme Court in the case of Suresh Ganpati Halvankar vs. The State of Maharashtra being I.A. No. 117535 of 2017 in Cr. Appeal No. 156 of 2018 arising out of SLP (Crl.) No. 3670/2017 decided on 22/1/2018 wherein Hon'ble Supreme Court has categorically held that the offences under Ss. 135 and 138 of the Electricity Act are both compoundable by virtue of Sec. 152 of the Act. He thus urged that as the petitioner has deposited composition charges with the respondents, the authorities be directed to compound the offences and the F.I.R. should be quashed on the strength of such composition.