The main legal point established is that the provisions of the Electricity Act, 2003, relating to compounding of offences apply, and the acceptance of the amount under Sec.152(3) amounts to an acquittal, rendering the continuation of the proceedings illegal.

1. Heard the counsel for parties.

2. This application is for quashing the order of cognizance, dated 10.8.2005, as well as entire proceeding of Raxaul RS. Case No. 106 of 2006. Case has been instituted for offences under Sec.379 of the Indian Penal Code and under Sections 39 and 44 of the Electricity Act.

3. The Assistant Electrical Engineer, Raxaul, alongwith other officials and police force conducted raid on 26.6.2001 in the premises of three persons, including the petitioner. It is alleged in the first information report that petitioner even after disconnection of his electricity line by the Board on account of non-payment of energy bill was consuming electricity by taping in the main L.T Line due to which the Electricity Board has suffered a loss of Rs. 5,000/-. First information report was instituted on 26.6.2001 itself, but, it remained pending for investigation for four years and the charge-sheet was submitted in the case in 2005.

4. Petitioners case is that since allegation against the petitioner was regarding the theft of electricity by taping, in order to avoid litigation and harassment, entire amount of arrears and penalty was deposited in the office of Electrical Executive Engineer, Electric Supply Division, Raxaul, on 9.7.2005. A certificate of no dues of penalty was also issued by the competent authority, which was submitted before the Court at the time of granting bail to the petitioner on 11.7.2005. In the given circumstance, as provided under Sec.152 (3) of the Electricity Act, 2003 , which relates to compounding of offences, entire criminal proceeding against the petitioner should be dropped.

5. Sec.152 of the Electricity Act reads as follows:

"Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the Appropriate Government or any officer authorised 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.

"152(2). On payment of the sum of money in accordance with sub-section (1), any person in custody in connection with that offence shall be set at liberty and no proceedings shall be instituted or continued against such consumer or person in any criminal court."

"152(3). The acceptance of the sum of money for compounding an offence in accordance with sub-section (1) by the Appropriate Government or an officer empowered in this behalf shall be deemed to amount to an acquittal within the meaning of Sec.300 of the Code of Criminal Procedure, 1973 (2 of 1974)."

6. Counsel for the petitioner contended that, admittedly, total money has been paid and accepted by the competent authority as provided under Sec.151(1) and a certificate showing acceptance of money has also been issued in his favour under Sec.151(2) it amounts to an acquittal as under Sec.152(3) of the Electricity Act, 2003 . Continuation of any further proceeding in respect of the allegations made in the first information report now is completely illegal and without jurisdiction, as such, it must be quashed.

7. Another ground which has been taken by the petitioner for quashing of the order taking cognizance is that the first information report was instituted under Sections 39 and 44 of the Indian Electricity Act, 1910 , but the said Act has been repealed by Electricity Act, 2003 , under Electricity Act, 2003 , there is no provision for punishment under Sections 39 and 44 of the Indian Electricity Act, 1910 . The submission of the charge-sheet by the police in the year 2005 under Sections 39 and 44 of the Indian Electricity Act, 1910 and cognizance taken by the Sub-Divisional Judicial Magistrate, Raxaul, is completely without jurisdiction. For such allegations made in the first information report, Sec.135 is the penal section available for the prosecution under the Electricity Act, 2003 . Amended Act provides for trial by Special Court under Sec.153 by a Presiding Officer in the rank of