ASHIM KUMAR ROY, J. - (1.) THE petitioner who has been arraigned as an accused in connection with the special case no.24(9) of 2010 now pending before the learned Judge, E.C. Act, Alipore and the learned Special Judge under the Electricity Act has approached this court for quashing of the trial proceeding.
(2.) THE learned counsel for the petitioner submitted that investigation, which was started in the month of August 2010, has not yet been concluded. He further submitted that after final assessment the amount has been deposited and now the petitioner is willing and desired to get the case compounded in terms of sect6ion 152 of the Electricity Act, 2003. It is, therefore, prayed the court below be directed to accept his prayer for compounding and pass necessary order in accordance with law. However, the learned counsel for the WBSEDCL submitted although his client is not standing on the way of getting the offence compounded, but the approach of the petitioner is wholly erroneous and not in accordance with law. She further submitted that if at all the petitioner is desirous to get the offence compounded, he has to take steps in terms of the provisions of section 152 of the Electricity Act, 2003 and for that neither any direction, nor any order from the special court is necessary.
(3.) THE learned counsel for the State adopted the submission of the learned counsel for the WBSEDCL. Now, on a plain reading of section 152 of the Electricity Act, 2003, which provides for compounding of offence, it is found when an accused is desirous to get an offence punishable under the said Act, be compounded. He has to approach the appropriate Government as defined in sub -section 5 of section 2 of the said Act or any officer authorized by it and then after payment of money by way of compounding of offence as prescribed, then only the role of court comes into play. It is an admitted position no such step has yet been taken by the petitioner. This criminal revision is completely misconceived and accordingly stands dismissed and disposed of. However, this order will not preclude the petitioner to take steps in accordance with law. Urgent photostat certified copy of this order, if applied for, be given to the parties at an early date.;