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Saroj Kumar Sahoo And Another vs State Of Orissa And Others .... Opposite ... on 4 August, 2021

Author: B. P. Routray

Bench: B. P. Routray

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   CRLMC No.1785 of 2016

            Saroj Kumar Sahoo and another               ....       Petitioners
                                                    Mr.S.K.Dwibedi, Advocate
                                         -versus-
            State of Orissa and others               .... Opposite Parties
                                                  Mr.Rajesh Tripathy, ASC
                                   Mr.P.K.Tripathy, Advocate for O.Ps.2 & 3

                          CORAM:
                          JUSTICE B. P. ROUTRAY

                                       ORDER

4.8.2021 Order No.

07. 1. The Petitioners have prayed for quashing of criminal proceeding in G.R.Case No.120 of 2009 pending in the court of the learned S.D.J.M., Keonjhar including order dated 28th July, 2009 taking cognizance of offence under Sections 379/34 of the I.P.C. and Section 135 of the Electricity Act, 2003 (in short 'the 2003 Act').

2. Petitioner No.1 is the proprietor of M/s.Sanatan Plast at Haridagotha in the district of Keonjhar and Petitioner No.2 is working as Supervisor under him. On the report of the Junior Engineer (Elect.), NESCO alleging theft of electricity, Keonjhar Town P.S.Case No.31 dated 20th February, 2019 was registered for commission of offence under Sections 379/34 of the I.P.C. and Section 135 of the 2003 Act. Upon completion of investigation, chargsheet was submitted on 28th July, 2009 against the Petitioners for the offence aforestated and accordingly, learned S.D.J.M. took cognizance of the same.

3. Learned counsel for the Petitioners submits that, the sole allegation is about theft of electricity and in the meantime, the Petitioners have deposited the entire amount as per the O.T.S. Scheme. The electrical authorities have also accepted the same and agreed for compounding of the offence under the 2003 Act.

4. Shri P.K.Tripathy, learned counsel appearing for the Executive Engineer and Junior Engineer of the erstwhile Electrical Division, NESCO, (now re-designated as T.P. Northern Odisha Distribution Limited, in short 'TPNODL'), does not dispute the contention of the Petitioners and also agrees that in view of deposit of the required amount by the Petitioners, the offence is liable to be compounded under Section 152 of the 2003 Act.

5. Section 152 of the Electricity Act, 2003 reads as under:-

"152. 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 as specified in the Table below:

TABLE xxx xxx xxx Provided that the Appropriate Government may, by notification in the Official Gazette, amend the rates specified in the Table above.

(2) On payment of the sum of money in accordance with sub-section 91), any person in custody in connection with that offence shall be set at liberty and no proceedings Page 2 of 4 shall be instituted or continued against such consumer or person in any Criminal Court.

(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 section 300 of the Code of Criminal Procedure, 1973 (2 of 1974) (4) The compounding of an offence under sub-section (1) shall be allowed only once for any person or consumer."

6. The Indian Electricity Act, 1910 has been repealed by the Electricity Act, 2003 with effect from 10th June, 2003. Section 39 of the repealed Act is corresponding to Section 135 of the present 2003 Act. Section 135 of the Electricity Act, 2003 prescribes punishment for commission of theft of electricity.

7. It appears from the copy of letter dated 18th June, 2021 of the Executive Engineer, Keonjhar Electrical Division, TPNODL along with money receipt dated 23rd June, 2021 as filed by the Petitioners along with the memo dated 7th July, 2021 that, Opposite Parties 2 and 3 have accepted the amount towards compounding of the offences in terms of Section 152 of the 2003 Act .

8. Learned counsel appearing for Opposite Party Nos.2 & 3 also concedes to this effect. Accordingly, in view of the clear provision under Section 152 of the 2003 Act, no dispute remains for compounding of the offences.

9. So far as offence under Section 379 of the I.P.C. is concerned, the same is also compoundable in nature as per Section 320 of the Cr.P.C.

10. Since no dispute is left between the parties in view of the concession rendered by Opposite Party Nos.2 & 3, and both the offences under the I.P.C. as well as the 2003 Act are compoundable in nature, I do not feel any necessity for further continuance of the criminal proceeding. Accordingly, in the interest of justice, the criminal proceeding in G.R.Case No.120 of 2009 pending in the court of the learned S.D.J.M., Keonjhar including the order of cognizance is quashed. The CRLMC is allowed.

11. An urgent certified copy of this order be issued as per Rules.

( B.P. Routray) Judge C.R. Biswal Page 4 of 4