SAMBHUNATH DAW Vs. STATE AND OTHERS
HIGH COURT OF CALCUTTA
STATE AND OTHERS
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Rajendra Nath Sinha, J. -
(1.)This is to consider an application under Art. 227 of the Constitution of India and/or under Sec. 482 of the Code of Criminal Procedure assailing the impunged order dated 14.1.03 passed by the learned Sub-Divisional Judicial Magistrate, Howrah in GR Case No. 1472 of 2002 corresponding to Bally PS Case No. 168/02 dated 7.9.02 under Sec. 39 sub-section 1(B) of the Indian Electricity (West Bengal Amendment) Act, 2001.
(2.)The petition in itself states that after initiation of the aforesaid he was allowed anticipatory bail by this Honourable Court and in the meanwhile upon receiving a supplementary bail issued by the SEB State Electricity Board deposited Rs. 32,884/- on 27.9.02 (vide receipt 08153). It transpires from the annexure running page 22 of the petition that on 27.9.02 the petitioner submitted a prayer for withdrawal of the aforesaid FIR being Bally PS Case No. 158 of 2002 under Sec. 39(1)(B) of the Indian Electricity Amendment Act, 2001 regarding tampering of the meter. As against the same the Zonal Manager, Calcutta zone requested appearance of the accused/petitioner before him on 22.11.02.
(3.)On 22.11.02 the said Zonal Manager, Calcutta distribution division passed an order which is in the form of an order-sheet (running page 25 of the petition). The relevant portion of the aforesaid order is reproduced here :
"In view of his admission towards commission of first offence under Sect on 39(1)(b) of India Electricity W.B (Amendment) Act, 2001 and considering his oral submission as well as written undertaking given on 29.9 02 as self as 22.11.02 I, Sri P. K. Gosh being the Zonal Manager, Kolkata (D) Zone duly authorised by the Board vide office Order No. 4, dated 26.8.02 of the Secretary, WBSEB in terms of Sec. 39(E)(1) of the said Act referred to above do, hereby, compound the commission of offence punishable under this Act in further consideration of the fact that he has paid the charges of the assessed unentered consumption as stipulated in Genera Conditions of Supply and on payment of a fine amounting to Rs. 5,000.00 hereby imposed by me on Sri Sambhu Nath Daw who has to deposit the same to Bally Revenue Unit, Joypur, Bally, Howrah within 21.12.2002."
It is also ordered that upon payment of the fined amount so imposed no further proceedings shall continue against the said consumer for which the first informant officer, the Assistant Engineer, Bhattanagar ESSD is directed to intimate officer-in-charge of Bally P.S to take necessary action for dropping all further proceedings following the F.I.R. dated 6/7.9.2002 lodged in his police station on the ground that the offence has been compounded."
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