Sadhan Kumar Gupta, J. ( 1 ) LEARNED Advocate for the petitioner and the learned Advocate for the state are present. ( 2 ) THE revisional application is taken up for hearing. ( 3 ) IT appears that Bankura Police Station Case No. 155 of 2006 was started against the petitioner for the alleged violation of section 135 (1) (A) of the indian Electricity Act. It further appears that the FIR was started on 14th july, 2006. Thereafter, it appears that on 17th July, 2006 the department concerned assessed the amount of loss which they have suffered due to the alleged theft of electricity. This amount was shown to be Rs. 13,555. 36 p. From Annexure P3 it appears that direction was given to the petitioner from the office of the W. B. S. E. B. to deposit the said amount. From Annexure p4 it appears that the said amount has already been deposited. The report of the Investigating Officer which is placed before this Court at the time of hearing further shows that the Investigating Officer was also of the opinion that the said amount was already deposited. As such, there cannot be any doubt that the amount of loss has already been realized from him by the concerned department. ( 4 ) SECTION 126 (4) of the Indian Electricity Act provides - "any person served with the order of provisional assessment may, accept such assessment and deposit the assessed amount with the licensee within seven days of service of such provisional assessment order upon him: provided that in case the person deposits the assessed amount, he shall not be subjected to any further liability or any action by any authority whatsoever. " So it appears that there is a clear bar for proceeding further against a person if the amount so assessed is deposited. Here I have already pointed out that there is no dispute that the assessed amount has already been deposited. So under such circumstances, I am of opinion that further continuation of the criminal proceeding against the accused petitioner will be an abuse of the process of the Court and consequently I hold that it is a fit case where the proceeding, pending in the Court below should be quashed. ( 5 ) IN the result, the revisional application is allowed on contest.
( 5 ) IN the result, the revisional application is allowed on contest. The criminal proceeding arising out of Bankura Police Station Case No. 155 of 2006 (C. R. No. 447 of 2006) as pending in the Court 01 the learned Chief judicial Magistrate, Bankura is quashed. The accused/petitioner is discharged. The seized articles, except P. V. C. Copper, about four meters in length, be returned to the person from whom seized. The said PVC Copper be confiscated to the State. ( 6 ) LET the certified copy of the report of the Investigating Officer be kept with the record. ( 7 ) CRIMINAL Section is directed to supply certified copy of this order, if applied for, to the learned Advocate for the petitioner expeditiously. Revisional application allowed.