Jagannath Bera And ANR. v. State Of West Bengal And ANR.
19.07.2023
IN THE HIGH COURT AT CALCUTTA
Item No.53 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.
C.R.R. 619 of 2022 In the matter of : Jagannath Bera & Anr.
... Petitioners.
Mr. Tarasankar Samanta ... For the Petitioners.
Ms. Sreyashee Biswas ... For the State.
Report dated 18.07.2023 submitted by Ms. Sreyashee Biswas, learned advocate appearing for the petitioners be kept on record.
The said report is enclosed with a communication of D.E. & Station Manager, Panskura C.C.C., Tamluk Division, W.B.S.E.D.C.L. According to the contents of the said communication dated 17.07.2023, the full bill of theft has been paid. Having considered that the total amount till date, which was claimed by the Electricity authority, has been paid and the Act provides for compounding of the offences under Section 152 of the Electricity Act, 2003, I direct that the compounding charges be assessed under the head (4) as a sum of Rs.4000/- equally divided between the two petitioners. A sum of Rs.2000/- in respect of the electricity bill to be raised for the next month be added as compounding charges in respect of each of the petitioners. Having regard to the dues of the Electricity authority being paid by the petitioners, I am of the opinion that further continuance of the proceedings under Section 135(i)(b) of the Electricity Act in respect of Case No. SC(E)55(09) 2019 pending before the learned Additional District & Sessions
Judge, 1st Court-cum-Special Court, Tamluk, Purba Medinipur is unwarranted. As such, the same is hereby quashed.
The revisional application being CRR 619 of 2022 is allowed subject to the aforesaid conditions.
Pending connected application, if any, is consequently disposed of.
All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Tirthankar Ghosh, J.)