Jharkhand High Court
Ban Bihari Mahto & Anr. vs State Of Jharkhand & Anr. on 23 June, 2011
IN THE HIGH COURT OF JHARKHAND, RANCHI
Cr.M.P. No.1618 of 2010
1. Ban Bihari Mahto
2. Abhijeet Mahto -- -- -- -- -- -- -- -- --Petitioners
Versus
1. The State of Jharkhand
2. Rakesh Shrivastava -- -- -- -- -- -- --Opposite Parties
--------
Coram: The Hon'ble Mr. Justice D.K. Sinha
----
For the Petitioners : Mr. Sujit Narayan Prasad, Advocate
For the State : A.P.P.
For the Opp. Party No.2 : Mr. V.P. Singh, Sr. Advocate
--
10/ 23.6.2011By filing the supplementary affidavit, Mr. Sujit Narayan Prasad, the learned counsel, appearing on behalf of the petitioners, submits that the offence as alleged under Sections 135/138 of the Electricity Act, 2003 against the petitioners has been compounded in view of the provision of Section 152 of the Electricity Act, 2003.
Mr. Prasad further submits with reference to para-13 of the petition that petitioners have deposited the required sum to the Electricity Board at the rate of Rs.8000/- each being the loss of revenue sustained by the JSEB (Annexure 4 and 4/1) and also deposited the composition fee at the rate of Rs.4000/- each and in support thereof, supplementary affidavit has been filed on 8.6.2011 wherein xerox copies of the receipts issued being the composition fee have been annexed (Annexure-6).
Learned counsel requests that in view of the composition of dispute after accepting the composition fee and loss of revenue sustained by the Electricity Board, appropriate order may be passed in terms of Section 320(8), Code of Criminal Procedure.
Concluding his argument, Mr. Prasad submits that it was the first alleged offence and the petitioners undertake that the allegations against the petitioners would not be repeated in future.
Heard Mr. V.P. Singh, the learned senior counsel, appearing on behalf of opposite party No.2, who concedes that the composition has been arrived at under the provisions of Section 152(3) of the Electricity Act, 2003.
Having regard to the facts and circumstances of the case, arguments advanced on behalf of the parties, in view of the composition of the offence under Section 152(3) of the Electricity Act, 2003, the petitioners (1) Ban Bihari Mahto and (2) Abhijeet Mahto are acquitted under Section 320(8) of the Code of Criminal Procedure in Adityapur P.S. Case No. 273 of 2010, corresponding to G.R. No.770 of 2010, pending in the Court of the Chief Judicial Magistrate, Saraikella-Kharsawan.
This petition is accordingly allowed.
(D.K. Sinha, J.) S.B.