IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.55597 of 2007 JYANTI DEVI & PUSHKAR SHARMA Versus STATE OF BIHAR 5 14.5.2010 KHAN Heard counsel for the petitioners and the State. The petitioners seek quashing of the order dated 2.3.2007 passed the Chief Judicial Magistrate, Patna in Patliputra P.S.Case No.35/2006 whereby cognizance has been taken under section 135 of the Electricity Act. As per prosecution case the raiding party raided the premises of the petitioner and stated that on account of theft committed by the petitioner a loss of Rs.80,000/- has been caused to the Electricity Board. Learned counsel for the petitioners submits that the petitioners had already paid the aforesaid amount and as such they are entitled to compounding of the offence. In support of his contention, he relied upon another order passed in the case of the petitioners on 19.7.2007 in Cr.Misc.No.16050/07 (Pushkar Kumar Vs State of Bihar). Counsel for the Board submits that the petitioners have to pay compounding amount. Having considered the facts and circumstances of the case, the impugned order dated 2.3.2007 passed the Chief Judicial Magistrate, Patna in Patliputra P.S.Case No.35/2006 is set aside and the matter is remitted back to the learned Magistrate for fresh consideration in accordance with law after hearing both the parties. In the result, this application is allowed. (S.P.Singh,J) - 2 -