IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47375 of 2007 RANVIJOY KUMAR, Son of Shri Ramashish Singh, resident of Rajapur Main Road in “Pranami Niwas”, P.S.- Shri Krishnapuri Patna, District- Patna ….. Petitioner Versus 1. THE STATE OF BIHAR 2. BIHAR STATE ELECTRICITY BOARD, PATNA ….. OPPOSITE PARTIES ----------- 04 10.02.2009 Heard learned counsel for the petitioner and learned counsel appearing on behalf of Bihar State Electricity Board. The petitioner is aggrieved by the order of cognizance dated 25.1.2006 under Section 135 of the Electricity Act. S.K. Puri P.S. Case No. 121 of 2006 was lodged against the petitioner on 21.7.2006 under Section 379 of the Indian Penal Code and Section 135/ 152 of Electricity Act. The allegations were that the raiding team on inspection of the house of the petitioner found that he had hooked an electricity supply line to the main L.T. connection consuming approximately 4 kilowatt of loads causing loss of Rs.20, 000/- to the Board. Learned counsel for the petitioner submits that the petitioner has already paid a sum of Rs. 20,000/- as compensation charges to the Electricity Board on 22.7.2006. He, therefore, submits that this payment was accepted by the Board in purported exercise of its power under 152 of Electricity Act, 2003. The attention of the Court was specifically invited to Section 152 Sub-clause-3 to urge that the deposit of the amount, as mentioned in terms of Section 152 (1), - 2 - virtually amounts to an order of acquittal. The Board having exercised its powers to compound the offence, there was no justification to continue the prosecution of the petitioner. If there is statutory provision for compounding of an offence, it is to be exercised in the manner prescribed. This necessarily pre-supposes a proper application invoking a statutory provision for compounding of the offence. If, the contention of the petitioner is correct, there is a statutory provision in which the petitioner claims that the Board has acted, the appropriate remedy available to the petitioner is to file an application under 152 of the Electricity Act, 2003 before the Competent Court which shall then adjudicate on the issue of applicability of the provisions for compounding of the offence and dispose off the application by a reasoned and speaking order within a maximum period of three months from the date of receipt/production of a copy of this order before it. The application stands disposed of in the aforesaid terms. P.K. (Navin Sinha, J.)