(1) LEAVE was granted as the court felt that a question of law was involved. The appellant is an officer of the Electricity Board of State of Bihar. He laid a complaint under S. 39/44 Indian Electricity Act read with Section 379 Indian Penal Code against the accused, respondents herein, alleging that after their supply of electricity was discontinued the accused were running the mill illegally without clearing the arrears and by resorting to illegal connection with the live line. He filed this complaint being a competent authority to file the same as provided under Section 50 of the Electricity Act. The case was taken on file by the learned Magistrate and issued non-bailable warrants. At this stage the accused filed a petition under Section 482 Criminal Procedure Code in the High court of Patna and sought the quashing of the proceedings. The Patna High court after referring to a case of this court in Avtar Singh v. State of Punjab held that in view of the decision of this court the cognizance of offence under Section 379 Indian Penal Code was on the face a of it is illegal and accordingly quashed the proceedings. Questioning the same, the present appeal is filed by. the com