DASRATH PRASAD AGRAWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner by invoking the inherent jurisdiction of this Court under Section 482, Cr PC has prayed for the quashment of the entire criminal proceeding, including the order impugned dated 12.9,2000 whereby cognizance of the offence was taken under Section 379, IPC as also under Sections 39/44 of the Indian Electricity Act against him in Ramgarh P.S. Case No. 119 of 2000 corresponding to G.R. No. 966 of 2000 pending in the Court of Sri Amresh Kumar, Judicial Magistrate, 1st Class, Hazaribagh in T.R. No. 578 of 2006.

(2.) THE prosecution story in short was that the informant Assistant Electrical Engineer, Electric Supply, Sub -Division, Ramgarh O.P. No. 2 herein in conducting series of raids visited also the factory of the petitioner at Naisarai on 19.5.2000 at Ramgarh and spotted theft of electricity by hooking P.V.C. wires. It was further alleged that though there were two consumer lines vide NSL 3640 and NSL 4079 in the factory for domestic purpose, which were already disconnected earlier. The petitioner had not paid the arrear bills due to him of the Electricity Board. It was alleged that on account of theft of power on the instance of the petitioner, in his domestic connection, the Electricity Board suffered loss of Rs. 16,000/ -. The raiding party seized the P.V.C. wires and prepared seizure list

(3.) ON the point of law Mr. Dey submitted that Section 152 of the Electricity Act, 2003 deals with compounding of offences which runs thus: Compounding of offences. - -(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the Appropriate Government or any officer authorized by it in this behalf may accept from any consumer or person who committed or who is reasonably suspected of having committed an offence of theft of electricity punishable under this Act, a sum of money by way of compounding of the offence Provided that the Appropriate Government may, by notification in the Official Gazette, amend the rates