D.K.SINHA, J. - (1.) THE petitioner by invoking the inherent jurisdiction of this Court under Section 482, Cr PC has prayed for the quashment of the entire criminal proceeding, including the order impugned dated 12.9,2000 whereby cognizance of the offence was taken under Section 379, IPC as also under Sections 39/44 of the Indian Electricity Act against him in Ramgarh P.S. Case No. 119 of 2000 corresponding to G.R. No. 966 of 2000 pending in the Court of Sri Amresh Kumar, Judicial Magistrate, 1st Class, Hazaribagh in T.R. No. 578 of 2006.
(2.) THE prosecution story in short was that the informant Assistant Electrical Engineer, Electric Supply, Sub -Division, Ramgarh O.P. No. 2 herein in conducting series of raids visited also the factory of the petitioner at Naisarai on 19.5.2000 at Ramgarh and spotted theft of electricity by hooking P.V.C. wires. It was further alleged that though there were two consumer lines vide NSL 3640 and NSL 4079 in the factory for domestic purpose, which were already disconnected earlier. The petitioner had not paid the arrear bills due to him of the Electricity Board. It was alleged that on account of theft of power on the instance of the petitioner, in his domestic connection, the Electricity Board suffered loss of Rs. 16,000/ -. The raiding party seized the P.V.C. wires and prepared seizure list Mr. M.K. Dey, learned Counsel for the petitioner submitted that on the face of the special statute vide Electricity Act, 2003 the petitioner cannot be prosecuted under general law for the offence under Section 379, IPC. The Electricity Act is self -contained which also deals with the theft of power and in the amended Electricity Act, 2003 Section 152 provides compounding of offences, if the loss made to the Electricity Board is compensated and in the instant case, admittedly, the petitioner has compensated the Electricity Board by making payment of entire dues including the loss allegedly sustained by the Electricity Board to the tune of Rs. 16,000/ -. The Xerox copy of the payment receipt of the bill at page 18 is in respect of connection No. NSC 4079 which discloses that a sum of Rs. 39040/ - was deposited with the Electrical Executive Engineer, Electric Supply, Sub - Division, Ramgarh Cant, Ramgarh on 9.6.2000
(3.) ON the point of law Mr. Dey submitted that Section 152 of the Electricity Act, 2003 deals with compounding of offences which runs thus: Compounding of offences. - -(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the Appropriate Government or any officer authorized by it in this behalf may accept from any consumer or person who committed or who is reasonably suspected of having committed an offence of theft of electricity punishable under this Act, a sum of money by way of compounding of the offence Provided that the Appropriate Government may, by notification in the Official Gazette, amend the rates;