PRADIP KUMAR BISWAS, J. - (1.) PARTIES are present before me. Heard them.
(2.) THIS is an application under Section 482 of the Criminal Procedure Code filed at the instance of petitioners North Valley Ispat Udyog Pvt. Ltd and another seeking for quashing of the proceeding in connection with the G.R. Case No. 1025/96 pending before the learned S.D.J.M., Jalpaiguri arising out of Bhaktinagar P.S. Case No. 160/96 stated 13.8.96 under Section 379 of the Indian Penal Code read with Sections 39/40/44 of the Indian Electricity Act, 1910 and the purported investigation in connection with the aforesaid case. The short facts leading to the filing of this application are as under.
(3.) THE present criminal case was started on the basis of a written complaint submitted on 13.8.96 by one S.K. Ghosh, S.E. Darjeeling Circle, West Bengal state Electricity Board where allegation was levelled that during replacement of existing TGM meter bearing No. 0181 installed at the premises of M/s. North Valley Ispat Udyog (P) Ltd by and T.O.D. Meter at the metering room, one tampering devices were detected and was connected to Secondary Ckt. of Potentional Transformer, and allegation was further levelled that the seal of the back cover of the meter found to be tampered. It has been alleged by the petitioner that the petitioner is the Director of the Company and that being the position he is not personally liable for any such allegation as has been levelled against him in the aforesaid written information. It has also been contended on behalf of the petitioners that the allegations, even if they are taken at their face value and accepted in its entirety they do not make out any prima facie case under Section 379 I.P.C. read with Section 39/40/44 of the Indian Electricity Act and as such the continuation of the aforesaid proceeding would be an abuse of the process of Court. By way of filing supplementary affidavit certain facts have been brought to the notice of this Court wherefrom it appears that in connection with the present matter the petitioner filed one writ application questioning the disconnection as had been made on 21st August, 1996 and on 20th May, 1997. After hearing the learned Advocates of both sides justice S.B. Sinha (as his lordship then was) was pleased to pass a direction to the Chief Electrical Inspector to pass an award at an early date relating to the question as to what would be the amount of consumption of electrical energy by the petitioner by way of unmetered consumption as alleged by the West Bengal State Electricity Board.;