ASHIM KUMAR ROY, J. - (1.) IN this criminal revisional application the petitioner challenged the order dated January 9, 2007 passed by the learned Chief Judicial Magistrate in -charge, Suri, Birbhum, in connection with G.R. Case No. 65/05 arising out of Sadaipur Police Station Case No. 5/05 under Section 135 of the Electricity Act and under Section 379 of the Indian Penal Code as well as prayed for quashing of the proceedings relating to the said case on the ground taking cognizance of an offence punishable under Section 135 of the Electricity Act on a chargesheet submitted by a police officer is illegal and without jurisdiction.
(2.) SO far as the impugned order dated January 9, 2007 is concerned, I find by that order the learned Magistrate fixed a date for supply of the copy as the same was not ready. The learned Advocate of the petitioner could not enlighten this Court on what ground the same has been challenged nor any illegality which vitiates the said order. The only point that has been canvassed in support of prayer for quashing of the impugned proceedings is this, that taking cognizance of an offence punishable under the Electricity Act, 2003 on a police report is wholly illegal and without jurisdiction. The embargo contained in Section 151 of the Electricity Act, 2003, clearly prohibits taking of cognizance of an offence punishable under the said Act, except on a complaint made to the Court by the authorities specified thereunder, and the report of a police officer submitted under Section 173 of the Code of Criminal Procedure does not come within the ambit of the said provisions.
(3.) HEARD , Mr. Lakshminath Bhattacharya, the learned Advocate appearing on behalf of the petitioner as well as Smt. Madhuri Das, the learned Advocate appearing on behalf of the State. Perused the materials record.;