IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28998 of 2009 Anil Kumar, S/O-Mohan Lal at Shan Store, L.K. Market, Govind Mitra Road, P.S.- Pirbahore, District-Patna ……………..Petitioner Versus 1. The State of Bihar 2. Sri Vinod Kumar Singh, Assistant Electric Engineer, Electricity Supply Sub- division, PESU, Patna University, Patna ……….Opposite Parties ----------- 02 27.09.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State on the point of admission. Petitioner, by invoking the inherent jurisdiction of this Court vested under Section 482 of the Cr.P.C., has prayed for quashing the order dated 17.04.2006 passed by Chief Judicial Magistrate, Patna in Pirbahore P.S. Case No. 336 of 2005 by which and whereunder he has taken cognizance for the offence under Section 135 of Electricity Act, 2003. The above stated Pirbahore P.S. Case No. 336 of 2005 under Section 135 of Electricity Act, 2003 was registered against the petitioner on the basis of written report of Assistant Engineer, Electricity Department. The aforesaid written report reveals that when officials of electricity department conducted a raid on the premises of the petitioner, the petitioner was found illegally consuming electric energy causing loss to the electricity department to the tune of Rs. 16,500/-. Learned counsel appearing for the petitioner submits that petitioner has already deposited the dues amount with electricity department and acceptance of the aforesaid deposited amount would 2 amount to an acquittal in view of Section 152 (3) of Electricity Act, 2003 but I am not, at all, convinced with his submission because admittedly, the petitioner has not deposited the fee of compounding of the offence which has been mentioned in the table given in Section 152 (1) of Electricity Act, 2003. Accordingly, I do not find any merit in the present quashing petition and hence, this petition stands dismissed on admission stage itself. However, if petitioner deposits the compounding fee to the concerned authority, the concerned authority shall take the compounding fee from the petitioner and after that the concerned court may pass appropriate order keeping in view the provision laid down under Section 152 (3) of Electricity Act, 2003. SHAHZAD ( Hemant Kumar Srivastava, J.)