IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.56005 of 2006 1. DR. YATINDRA NATH SINGH , son of late Rajbali Singh, resident of Mohalla- Dak Bunglow Road, Near D.M. Kothi Siwan, PS Siwan Town, District, Siwan 2. Dr. Lal Bahadur Choudhary in short L. B. Choudhary, son of Sri Rameshwar Choudhary, resident of Mohalla Dak Bunglow Road near D.M. Kothi, Siwan, P.S. Siwan Town, District- Siwan 3. Dr. Achyuta Kumar Ghosh, Son of Yamuni Kumar Ghosh, resident of Mohalla Dak Bunglow Road, Siwan, P.S. Siwan Town, District- Siwan 4. Abhijit Kumar, Son of Sri A. K. Sinha, resident of Mohalla Dak Bunglow Road near D.M. Kothi, Siwan, P.S. Siwan Town, District- Siwan...petitioners Versus 1. STATE OF BIHAR 2. Baidyanath Mahto, Assitt. Electric Engineer, Electric Supply SubDivision Siwan ( City) ----------- 5 29-01-2010 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners are aggrieved by the order of cognizance dated 13-11-2002 whereby learned Chief Judicial Magistrate, Siwan has taken cognizance against them u/s 379 of the IPC and Section 39/44 of Electricity Act on the basis of charge sheet filed by the Siwan police in Siwan Town PS case no. 131/2002. Against the cognizance order the petitioners had preferred revision before the District & Sessions Judge, Siwan bearing Cr. Rev. no.40/2003 but the same has been dismissed by the Additional Sessions Judge, I, Siwan on 24-6-2006 on merits. Learned counsel for the petitioners has placed 2 reliance upon Section 152 of the Electricity Act, 2003 which permits compounding of offences on payment of a sum of money as specified in that Section. He has also relied upon a judgement of this court in the case of Sri Anant Kumar Vs. the State of Bihar reported in 2009 (3) PLJR 987 in support of his contention that provisions of section 152 of the Electricity Act of 2003 would apply for compounding of cases which might have been filed under the Electricity Act, 1910. In the aforesaid circumstances, in the interest of justice the matter is disposed of by directing the court below to pass necessary orders recording compromise between the petitioners and the concerned authorities of the Bihar State Electricity Board if the petitioners comply with the provisions of Section 152 of the Electricity Act of 2003 within a period of four months from today. The concerned authorities of the Electricity Board will be duty bound to accept the amount required for compromise as per Section 152 of the Electricity Act as soon as it is tendered before them along with a copy of this order. 3 This application is, accordingly, disposed of. It is made clear that Section 379 of the IPC will not stand in the way of compromise of the case treating it to be under the provisions of the Electricity Act. BKS/- (Shiva Kirti Singh, J.)