1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1026 OF 2010 Shaikh Abu Bakar Abdul Salaam ..... Petitioner. V/s The State of Maharashtra ...... Respondent. Mr. Mubin Solkar for the Petitioner. Mrs. P.P. Bhosale, APP for the State. CORAM: V. M. KANADE, J. DATE : 6th May, 2010 P.C.:- 1. Rule. Rule is made returnable forthwith. Respondents waive service. 2. By consent of parties, matter is taken up for final hearing. 3. Heard the learned Counsel for the Petitioner and the learned APP for the State. 4. Petitioner has filed this Petition under Article 227 of the Constitution of India and under section 482 of the Criminal Procedure Code for quashing the FIR and the charge-sheet 2 filed in C.R. No.270 of 2008 registered by Goregaon Police Station for the offence punishable under section 379 of the Indian Penal Code and section 135 and 138 of the Electricity Act, 2003. 5. Brief facts are that the Petitioner applied for electricity connection for residential premises from Reliance Energy and, accordingly, the electric meter was installed by the said Company. Petitioner was paying the bills regularly. However, in the month of October, 2007 he received an exorbitant bill for Rs 5,666.15 and, therefore, he filed a complaint with the Company against the said bill. However, no action was taken by the Company. Thereafter, again, he received huge bill in November, 2007 and he also filed a complaint by letter dated 26/11/2007 and brought this fact to the notice of the Company. Then, again, third complaint was filed by him on 26/12/2007 on telephone. The Officer of the Company, thereafter, inspected his meter and installed another Check Meter in January, 2008. 6. Petitioner was informed by letter dated 01/03/2008 by the Reliance Energy in which it was alleged that there were some irregularities which amounted to theft of electricity under section 135 of the Electricity Act, 2003. The FIR was lodged against him and, thereafter, Officers of Reliance Energy demanded an amount of Rs 10,000/- for the purpose of compounding the said offence and, according to the Petitioner, without prejudice to his rights and contentions, he 3 paid the said amount towards compounding charges for compounding the said offence. The Reliance Energy wrote to the Investigating Officer informing him that the offence was compounded in view of the provisions sub-section (3) of section 152 of the Electricity Act, 2003 and, therefore, the case should be dropped. However, according to the Petitioner, charge-sheet came to be filed by the Investigating Officer. 7. It is firstly submitted that the Reliance Energy and the applicant settling the dispute amongst themselves by virtue of provisions of sub-section (3) of Section 152 of the Act, the applicant was deemed to be acquitted under section 300 of the Criminal Procedure Code and, therefore, charge-sheet should not have been filed. An affidavit in reply has been filed by the Police Sub Inspector attached to the Goregaon Police Station in which it is admitted in para 7 that letter dated 10/5/2008 was issued by the Assistant Manager (Tech.), Reliance Energy to the Senior Inspector of Police informing him regarding compounding of the offence of theft of electricity under section 152 of the Electricity Act, 2003. Section 152 of the Electricity Act, 2003 reads as under:- “152. Compounding of offences. - (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (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 reasonably suspected of having committed an offence of theft of electricity 4 punishable under this Act, a sum of money by way of compounding of the offence as specified in the Table below: TABLE Nature of Service Rate at which the sum of money for compounding to be collected per Kilowatt (KW)/ Horse Power (HP) or part thereof for Low Tension (LT) supply and per Kilo Volt Ampere (KVA) of contracted demand for High Tension(HT) (1) (2) 1 Industrial Service twenty thousand rupees; 2 Commercial Service ten thousand rupees; 3 Agricultural Service two thousand rupees; 4 Other Services four thousand rupees: Provided that the Appropriate Government may, by notification in the Official Gazette, amend the rates specified in the Table above. (2) On payment of the sum of money in accordance with sub-section (1), any person in custody in connection with that offence shall be set at liberty and no proceedings shall be instituted or continued against such consumer or person in any criminal 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 shall be deemed to amount to an acquittal within the meaning of section 300 of the Code of Criminal Procedure, 1973 (2 of 1974). (4) The compounding of an offence under sub-section (1) shall be allowed only once for any person or consumer.” Perusal of the said provision and more particularly sub- section (3) clearly reveals that once the offence is 5 compounded, the accused is deemed to be acquitted under section 300 of the Criminal Procedure Code and, therefore, Investigating Officer does not have power or jurisdiction to file charge-sheet in view of the said provision. The action of the police in filing the charge-sheet is clearly illegal. Under these circumstances, this Petition will have to be allowed. 8. The FIR and the Charge-sheet in C.R. No.270 of 2008 registered by Goregaon Police Station for offences punishable under section 379 of the Indian Penal Code and under sections 135 and 138 of the Electricity Act, 2003 are quashed and set aside. Proceedings arising out of the said FIR pending before the Additional Chief Metropolitan Magistrate’s 24th Court at Borivali, Mumbai also are consequently quashed and set aside. Rule is made absolute in the aforesaid terms. (V.M. KANADE, J.) 6