Tapan Mukherjee, J. - (1.) The C.R.R. is taken up for further hearing. Heard the learned Counsel for the State. The learned Counsel for the petitioner has already been heard.
(2.) This application has been filed for quashing the proceedings in G.R. Case No. 214 of 2003 arising out of Sonamukhi P.S. Case No. 37 of 2003 under Ss. 39(1)(b)(c) and 44 of the Indian Electricity Act pending before the learned Additional Chief Judicial Magistrate, Bishnupur, Bankura.
(3.) It has been contended by the learned Counsel for the petitioner that the alleged occurrence took place on 18.7.2003. The FIR was lodged on that date and after investigation, the chargesheet has been submitted under Ss. 39(1)(b)(c) and 44 of the Indian Electricity Act as amended by West Bengal Amendment Act of 2001 and the cognizance on the basis of such chargesheet was taken by the learned Magistrate on 29.9.2003. The Indian Electricity Act, 1910 has been repealed and the Electricity Act, 2003 came with effect from 10.6.2003. In view of Sec. 135 of the Electricity Act, 2003, the said Indian Electricity Act, 1910 has been repealed. So, the question of filing chargesheet under the provisions of Ss. 39(1)(b)(c) and 44 of the Indian Electricity Act as amended by West Bengal Amendment Act, 2001 does not arise and the cognizance on the basis of the said chargesheet cannot be taken by the learned Magistrate and the entire proceeding is required to be quashed. He has further submitted that if there was any prosecution against the accused that should have been under the provisions of Sec. 135 of the Electricity Act, 2003 and the Court can take cognizance of such offence on the basis of complaint only and not on the basis of the police report. The continuance of the proceedings under the repealed Indian Electricity Act, 1910 is an abuse of process of Court and in the interest of justice also that is required to be quashed.;