Manik Bhattacharjee & Anr vs The State Of West Bengal & Anr
2022 Latest Caselaw 265 Cal

Form No. J(2)

                  IN THE HIGH COURT AT CALCUTTA
                 CRIMINAL REVISIONAL JURISDICTION

Present:

The Hon'ble Justice Jay Sengupta

                        C.R.R. 2549 of 2021
                     Manik Bhattacharjee & Anr.
                                -vs-
                   The State of West Bengal & Anr.


For the Petitioner           : Mr. Kunal Ganguly


For the State                : Mr. Imran Ali
                              Mr. M.F. Ahmed Begg


For the CESC Ltd.            : Ms. Sreyashee Biswas


Heard on                     : 02.02.2022


Judgment on                  : 02.02.2022




Jay Sengupta, J.:

      This is an application challenging the warrant of arrest issued

against the petitioners in connection with a case under Section 135

of the Electricity Act.

      Learned counsel appearing on behalf of the petitioners submits
                               2




as follows. The petitioner no. 2 had sold the premises in question to

the petitioner no. 1 in May, 2015. The petitioner no. 1 continued to

draw electricity from the electric meter in the name of petitioner no.

2.    On 09.10.2015 the said premises was inspected by the CESC

Limited. On 16.10.2015 the CESC authorities came to the premises

and    disconnected    the   existing   line   and   issued   provisional

assessment of an unmetered consumption of Rs. 3,95,681/-. After a

few days the authorities decided to grant separate electricity

connection to the petitioner no. 1. In 2015, the petitioners filed a

writ petition being WP NO. 27499(w) of 2015 against the CESC

Limited and others challenging the provisional assessment bill dated

16.10.2015

. On 09.12.2015 this Court was pleased to dispose of the

writ application of the petitioners granting liberty to the petitioners

to approach the appellate authority. This court further directed that

till disposal of the trial no coercive measures would be taken by the

authorities against the petitioners. The petitioners filed a statutory

appeal in 2016. On 06.06.2016 the learned appellate authority

passed an order disposing of the appeal and scaled down the bill to a

sum of Rs. 3,03,735/-. The petitioners have already paid the entire

sum of money. In view of the same, the petitioners pray that the

warrant of arrest issued against him may be set aside and they may

be directed to surrender before the learned trial court at the earliest.

It is further prayed that steps may be taken for having the offences

compounded.

Learned counsel appearing on behalf of the State files a report,

which is taken on record and submits as follows. The sum of the

final assessment bill as fixed by the learned appellate authority has

already been paid by the petitioners. The State would not come in

the way, if the offences are compounded by the appropriate

authority.

Learned counsel appearing on behalf of the CESC Limited

submits as follows. The final assessment bill amount as fixed by the

learned appellate authority has already been paid by the petitioners.

In view of the same, the CESC Limited do not have any objection if

the warrant of arrest issued against the petitioners is set aside. The

authorities would take appropriate steps in compounding the offence

if an application to that effect is filed by the petitioners.

I have heard the submissions of the learned counsels

appearing on behalf of the petitioners, the CESC Limited and the

State and have perused the revision petition.

It appears that final bill amount as fixed by the learned

appellate authority has already been paid by the petitioners. The

State and the Electricity Authority do not have any objection if the

warrant of arrest issued against the petitioners is set aside and the

petitioners are directed to surrender before the learned trial court at

the earliest.

It is pertinent to note that the electricity authorities have

submitted that they would take appropriate steps regarding

compounding of offences if such an application is made by the

application.

In view of the above and in the interest of justice, I set aside

the warrant of arrest issued against the petitioners and direct them

to surrender before the learned trial court within three weeks from

this date. The learned trial court shall pass appropriate orders in

this regard in respect of any application that may be filed by the

parties.

With these observations, the revisional application is disposed

of.

Urgent photostat certified copy of this order may be supplied

to the parties expeditiously, if applied for.

(Jay Sengupta, J.)

tbsr