^J HIGH COURT OF CHHATTISGARH. BILASPUR Singie Bench : Hon'ble Shri Justice T.P. Sharma, Judge Cr^.P,Jla§Oof2008 APPLICANT Loknath Patei ..J NQN-APPUCANTS Versus The State of Chhattisgarh & another Postfor: ci^^i^ ^f^jo^^ Sd/- T.P. Sharma Judge \ HiGH.COURTOFCH_HATTISGAR.H._BLLASBJR Cr.M.P. No. 50/2008 Single Bench : Hon'bte Mr. T.P. Sharma, Judae PETITJQNER Loknath Patel, S/o Jairam Patel, Aged about 45 years, R/o Kusmi Sarar, P.S. Sarajpaii, DJstrict Mahasamund (C.G.) Versus 1. State of Chhattisgarh, Through: P.S. Sarajpaii, District Mahasamund (C.G.) 2. The Chairman, Chhattisgarh State Elsctriclty Board, Raipur (C.G.) (Extra Party) Petitlon underSection 482 ofthe Code ofCnminal Procedure, RESPONDfcNTS Present: Shri Raghvendra Pradhan, counsel forthe petitioner. Shri Akhii Agrawat, Panei La\vyer for the State/ respondent No.1. Shri P.S. Koshy, counsel for respondent No.2 ORDER (Passed on -2e;- of February,2008) This petition is fiied under Section 482 of the Code of Criminai Procedure, 1973 (hereinafter referred to as "the Code") against the order dated 01-12-2007 passed by Special Judge (under Eiectricity), IVJahasamund, in Speciai Criminai Case No.1 1/2007. 2. Facts necessary for the decision of this petition are, that offence punishabie underSectlon 135-A ofthe Eiectricity Act, 2003 (hereinafter referred to as 'lhe Electricity Act") v/as reported against the petitioner in Police Statlon, Sarajpaii, District Mahasamund. After investigation, charge-sheet was flled and finaliy a specialcaseNo.11/2007 ^vas registered. 3. Peititloner had entered in to compromise with Eiectricity Department under the provisions of Section 152 of the Eiectricity Act and Ru!e 10 of the Chhattisgarh State Electricity Rules, 2006 (hereinafter referred to as "the Rules"). ^ •--. ) 4. Factum of compromlse was intimated to Speciai Judge in accordance with clause (4) of Rule 10 of the Rutes in Form-9. Speclai Judge nad not acquitted the petitioner in accordance with sub-section (3) of Section 152 of the Act. 5. It is submitted on behaff of the petitioner that the petitioner had entered into compromise with Electricity Department and he had deposited the amount of electric energy as well as compounding charges as required under Section 152 (1) of the Act. Applicant has appiied in form-8 to authorized officer in accordance with c!ause (2) of Ruie 10 and after compromlse, the authorized offscer had intimated the Court in accordance with Clause (4) of Ruie 10 but the same was treated by the Court is intimation of permisslon for compromise and trial court has further proceeded for prosecution of the offence. 6. Learned counsel for the parties heard. 7. Offence of eiectric energy theft punlshabie under Section 135-A is compoundabie offence under the provisions of Section 152 of the Act. 8. Section 152 of the Act, 2003 provides a.s foilows: "152. Compounding Offences.- (1) Notwithstanding anything contained in the Code of Criminal Procedurs 1873 (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 reasonabiy suspected of having committed an offence of theft of eiectricity punishabie under this Act, as sum of money by way of compounding of the offence as specified in the Tabie beiow: Tabie Nature of Service (1) 1. Industriai Service 2. Commerciai Service 3. Agricultura! Service 4. Other Services Rate at whjch the sum of money for compounding to be collectod per kiiowatt (KW)/Horse Power(HP) or part therefore Low Tension (LT) supply and per Kilo Volt Ampere (KVA) of contracted demand for High Tension (HT) S^L twenty thousand rupees; ten thousand rupees; t\A/o thousand rupees; four thousand rupees ^ ^ Provided the Appropriate Govemment may, by notification In the officiai amend th©rates. specified in theiabie above, (2) On p-ayment of the sum of-money in accordanoe with sub-ssction (1), any person In custody in connectlon with that offence shail be set at iiberty and no proceedings shaii be instituted or continued against such consumer or person in any criminai 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 shali be deemed to amount to an acquittal within the meaning of Sectlon 300 of the Code of Criminai Procedure,1973 (2of 1974). (4) The compounding of an offence under sub-section (1) shal! be aliowed oniy once for any person or consumer." V. V. 9. In exercises of the powers conferred by Section 180 of the Act, the State Govemment has framed the rule to carry out the provisions of the Act. Section 152 of the Act provides the procedure for compounding offence punishable under the Act which provides the compromise on payment of amount specified in table shown under Section 152 of the Act. Section 152 (2) provides that on payment of sum of money in accordance with sub-sectlon (1) any person in custody in connectlon with that offence shali be set at iiberty and no proceedings shaii be instituted or continued against such consumer or person in any criminal Court. Sub-section (3) provides that 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 behaif shail be deemed to amount to an acquitta! within the meaning of Section 300 of the Code of Crimina! Procedure,1973 (2of 1974). 10. Ruies have been framed by the State Government and clause (2) of Rule 10 provides the procedure that compromise shail be made in form No.8. Ciause (4) of Ruie 10 of the ESectricity Rules provides that intimatlon of the compromise shall be made in Form-9. 11. Petitioner has filed the certified copies of Form No.8,9, copy of treasury chailan dated 27.11.2007 relating to Rs.8000/- and aiso receipt of C.G. State Electricity Board dated 24.10.2007 by which -^f Rs.17,153/- was received by Chhattisgarh State Eiectricity Board from applicant. The order impugned shows that only permission to compromise has been given bythe Electrical inspector and actually no document has been filed to show that compromise has been effected. Section 152 ofthe Act. Sub ciause (2) and (4) of Rule 10 of the Rules provide the procedure for compromise and intimation after compromise to the Court and Potlce Officer. Clause (8) of Form-9 described the summary of compromise which reads as follows: "8. Details of offences, whereas an FIR was made against the appllcant Shri..................in respect of offences under the Eiectricity Act, 2003 as mentioned in Sr. No. the 8 above, whereas the appiicant has appiication under Section 152 of the Electricity Act.2003. Whereas the sum of money specified under 9 Section 152 has been deposited by the applicant. And whereas this being the first offence ofthe appiicant, I.............. the appHcant is aisowed the compounding of offences. The foilowing persons in custody of police shown in Sr. No.9 above shall be set at liberty and new proceedings shali be instituted or consumers Named persons to be set at liberty......" H 12. Factum of compromise was intimated to Special Judge a!ong with Form-9. Intlmation reads as foilows: "f?r^r t fe ^ti' crrapw ^^ fciT ^t ^i^pr ^t^, ^PT ^4l^iN §TRT ^cffeT, ^l^^y ^RF ^^ 3[N^PT 2003 cft qm 152 c^ 3RFf?[ ^ chl^id^ ^T W^PH t^ ^lt^i W<T t^ ^R T1?^T ^^ff^T ^T '<jRT ^M^Jd '^T f^T WteTO, W[y gT^T ^T ^ ^rflr ^Tp?[cR c^t 3?1R 3T[^^TO ch}^c|}^1 f^ ^[cTR ^RTt!" Para 8 of Form-9 reiates to the factum of compromise and termination ofthe proceeding reads as follows: "-^ cCTfcp -8 •q' ^?lN ^ f^T 3TN^R 2003 c^ ^I^ ^l^ch ^ft dicMiaT T^ ft^T ^t ^^PT T^-T UPT ^41^^ aipTr ^?iNi, tor ^^itiy ^ f^>^ ^f ^yf toT ^pn t ^n 311^4? ^ f^er srterf^WT 2003 ^ erT?r 152 ^ ^??I 3TT^rT f^TT t ^fr? ^lcj^ch ^ OT?[ 152 (l) ^ f^~f^£ ~r. ^T vfflT ^ fen t W&T tf ^? ^^^ cpT ^FT ^T^T&T t 3^T^c[ 4 ^T.^T. ^INdl, :g®[f^cT f-i''?^!^, ^PT^? ^T<N^ ^t ^NNpTT ^ f^ '3T33T^ ^RT^r <5:>^m ^! cCTTcp (1) ^r ^?rf^ TT^- plMf^Rsir) ^fcSvl^' cpt ^ . ^rar f^T^T ^ t ^ra'/'^KT c^ f^n -yiT^ g^ ^ ^E[ ^ ^ chS^cll^ ^T ^T ^ wTm^TT ^Rr ftf^a oq^ri^s cBT ^T? W^ ^ ^TT^ !" Form-9 was sent to Special Judge aiong with covering letter with intimation that appeliant has deposited required sum and compounded the offences. 13. The Chief Eiectrical Inspector has intimated the Court in form No.9 as required under Ruie 10(4). Section 152 of the Act and Ruie 10 of the Ruies, 2006 made thereunder provides the procedure for compromise and termination of the trial. Document fiied on behalf of the petitioner shows that the parties had arrived at compromise energy charges and compounding charges were deposited to the authorized officer i.e. Chief Eiectricai Inspector who had intimated the fact of compromise to the court in Form-9 as required under sub-clause (4) of RuielO. 14. Under the provisions of Section 152 of the Act read with Rule 10, parties are not required to compound the case before the Court, Only factum of compromise is required to be intimated to the Court in Form-9 by the authorized officer i.e. Chief Electrical Inspector. 15. !n the instant case, parti^|j had entered into compromise. Petitioner has deposlted the sum required under Section 152 of the Act. Authorized officer i.e. Chief Ejectrical Inspector has intjmated the fact of compromise in Form-9 which is sufflcient compliance of the requirement under Section 152 of theAct read with Rule 10. Special Judge was under obiigation to proceed in accordance wlth sub-section (3) of Section 152 of the Act. But he has faiied to do so. Consequently, continuance of the proceeding/prosecution would amount to abuse of process. Order passed by Special Judge is not sustainable. - (> ^ Kvr 16. Consequently, the petitlon is aliowed and the order impugned is set-aside. 17. Petitioner is acquitted from the offence under Section 135-A of the Electricity Act, 2003 in accordance with provisions of sub section (3) of Sectlon 152 of the Electricity Act. He be set at liberty at once. Sd/- T.P. Sharma Judge