JUDGMENT

OZA, J. :— This appeal arises in peculiar circumstances. A complaint was filed in the Court of the Sub-Divisional Judicial Magistrate, Sahibganj on 26th April, 1974. The complainant claimed to be the son of one of the partners of the firm M/s. Dhanraj Sagarmal Tamakhuwala which owned a flour mill at Sahibganj. The allegations made in the complaint were of failure of power supply for four days to the flour mill and the Bihar State Electricity Board and other officers were joined as accused persons and it was also alleged that it resulted in monetary loss to the flour mill. No particular act or omission of any particular officer or Board who were arrayed as accused persons was mentioned. The offences alleged were under S. 42(b) of the Indian Electricity Act, 1910 (Act for short) and Ss. 166 and 427 of the Indian Penal Code. Against the order of the learned Magistrate taking cognizance of the complaint, a petition was filed in the High Court under S. 482 of the Code of Criminal Procedure for quashing the prosecution.

2. A learned Judge of the High Court by his order dated November 29, 1976 quashed the proceedings against petitioners Nos. 2, 4 and 6 but rejected the prayer in respect of petitioner No. 1 i.e. the Board and petitioner No. 5 Shri Haldar Prasad. Aggrieved by this order of the High Court dated November 29, 1976 this Court was approached for leave to prefer an appeal and the leave having been granted this appeal has been filed in this Court.

3. The complaint was filed in 1974. The order of the High Court was passed on 29th November, 1976 and it is unfortunate that the matter has come up for hearing only today i.e. 11th March, 1986.

4. It was contended that the appellant, the Bihar State Electricity Board is not a licencee and a prosecution against the Board under S. 42(b) could not be initiated. It was also contended that a perusal of the complaint itself revealed that no positive acts of omission or commission have been alleged against the Board or accused persons who have been arrayed in the complaint nor it is clearly made out as to what was the duty cast upon a particular person who failed to discharge it. It appears that it is a case of the long lapse of time when the complainant probably has lost interest in the matter and that explains to us as to why nobody appeared for the respondent-complainant.

5. Section 42(b) of the Act reads as under :

"42. Penalty for illegal or defective supply or for non-compliance with order. Whoever -

(a) X X X

(b) being a licensee or a person who has obtained the sanction of the State Government as aforesaid, in contravention of the provisions of this Act or of the rules thereunder, or in breach of the conditions of licence or of the sanction, as the case may be, and without reasonable excuse, the burden of proving which shall lie on him, discontinues the supply of energy or fails to supply energy; or

(c), (d) & (e) X X X X shall be punishable with fine which may extend to one thousand rupees, and, in the case of a continuing offence or default, with a daily fine which may extend to one hundred rupees."

6. It is apparent that offence under this section will be made out if contravention of the provisions of this Act or Rules made thereunder is proved and further if it is established that without reasonable cause supply of energy is discontinued. A perusal of the complaint shows that what was mentioned was that the power supply has been interrupted on a number of occasions because of wilful failure and so far as the duties which are made the basis of the offence, the allegation was that electricity was not being supplied knowingly and intentionally to cause wrongful loss and damage to the concern. It is, therefore, clear that no facts have been specifically stated to constitute an offence under S. 42(b) of the Act. Section 166 of the Indian Penal Code reads thus :

"Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himsel