IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11048 of 2008 GOURI SHANKAR PATHAK Versus THE BIHAR STATE ELECTRICITY BO ----------- 2 05-08-2008 Heard the learned counsel for the petitioner as also the learned counsel for the Bihar State Electricity Board. Through this application, the petitioner has prayed for quashing of the entire criminal proceeding arising out of Patliputra P.S. Case no.148 of 2003 including the order dated 30.8.2004 passed therein by Sri Brijesh Pandey, Judicial Magistrate, Ist Class,Patna whereby the petitioner’s prayer for discharge has been rejected. The submission advanced by the learned counsel for the petitioner is that in view of Sub Section (1) of Section 152 of the Electricity Act ,2003 he had deposited a sum of Rs.4000/- with the Electricity Board , vide Annexure-4 , by way of loss caused to the Electricity Board by reason of the alleged theft of electricity and since he has already deposited the amount of loss caused to the Electricity Board, the instant criminal prosecution should be deemed to have been compounded in view of Sub Section (2) of Section 152 of the Electricity Act,2003. Sub Section (1) of Section 152 indicates that compounding only will be possible when the money is deposited specifically by way of compounding the offence which does not appear to have been done by the petitioner. However, since the amount has already been deposited with - 2 - the Electricity Board, the petitioner will appear before the court below and file a petition for compounding the offence in view of Section 152 of the Electricity Act. On such petition being filed the court below will rehear the petitioner on discharge and proceed in accordance with law. Accordingly, this application is disposed of in the light of the observation made above. ( Abhijit Sinha, J) NKS/-