CIC Directive !

Implementation of Electricity Act !!

I'm posting a case regarding implementation of Indian Electricity Act 2003 and Notifications issued by Department of Energy, Government of Jharkhand, Ranchi in the month of Aug'04. Section 152 of Electricity Act,clearly states that if loss and compensation money is deposited then no proceeding/prosecution shall continue in Court of Law although it requires a rider the offence must be the first offence and this privelage wii be given once.
There is a case pending in the court of one Judicial Magistrate first class fole at Giridih, bearing Giridih Town Police Station Case No.-0045/08 State Vs Alamgir and four others.Although more than 100 cases pending in the Judge ship of Giridih for the offence and almost in every case composition money has been deposited by the accused persons barring few.One Bharat Prasad Swarnkar agetitated before the learned Magistrate in above noted Town P.S. Case with the copies of relevant Act Notifications and Communications received from the Energy Department Govt. of Jharkhand, Ranchi with a request to pass appropriate order in the light of Indian Electricity Act Section 152. The Judicial Magistrate directed the prosecuting officer to file rejoinder and accused has been directed to appear in person on next date. As directed accused appear physically but the State/prosecuting Agency neither filed rejoinder nor filed any petition for time but the Court of the said Judicial Magistrate adjourned the Case suomtu again directing the accused to appear in person and the prosecution to file rejoinder.The accused Swarnkar who is a Government School Teacher was deployed in Election Duty,hence a petition for representation has been filed on his behalf by his Lawyer explaining his non appearance physically and circumstances. Although no rejoinder has been filed nor any petition for time has been filed by the State/prosecuting Agency but the Court of Judicial Magistrate whimsically/arbitrarily cancelled his bail bond issued warrant of arrest non bailable and without receiving any execution report issued process under section 82 Cr.P.C. and again on the same unlawful manner issued process under section 83 Cr.P.C. against Swarnkar.
In the night of 12.01.2010 this ill fated man was arrested and produced before the Judicial Magistrate Giridih and sent to Jail Hazat. His petition for bail was rejected by the Judicial Magistrate the preffered bail application before the learned session Judge of Giridih who has been pleased to release Swarnkar on bail. Swarnkar spent one week in Jail for no fault ! The Government of India and higher Judiciary is very much serious to cut back log of cases in the Judiciary and in this regard a vision statement has been released and copy of the same statement has been issued from the cell of Chief Justice of India with a D.O. letter addressed to all the Chief Justices of igh Courts in country for onward transmission to subordinate courts and in the other hand persons like B.P.Swarnkar is facing such circumstances.
As a lawyer we have not only commercial relationships with the letegants but we have to teach them counsel them and take their stress. I seek views /advice /suggestions /comments how to implement this in the State of Jharkhand so that letegants were not suffer further.

Thanks & Regards
Dhirendra Prasad
Advocate, Giridih, Jharkhand
+919431160292

Non Implementation of Mandatry Provisions Of Electricity Act 2003 by Judicial Magistrate at Giridih Jharkhand

One Innocent person " Bharat Prasad Swarnkar" a Government school teacher has been made accused in a energy theft case bearing Giridih Town, Police Station, Case no. 0045/2008 in the state of Jharkhand. He immediately deposited loss incurd by Jharkhand State Electricity board with the compensation money as per provision contained under section 152 of Indian Electricity Act 2003. He appealed the Judicial Magistrate in trial court at Giridih for the implementation of said Electricity Act but on some grounds not legal arbitrairly sent to Jail by the Magistrate, however session Judge of the Division has been pleased to enlarge Swarnkar on Bail. On one hand government of India under the dynamic leadership of our Honorable Law minister Dr. M Virrapa Moily with the concurrence and active support of Honorable the Chief Justice of India trying hard to cut backlog of cases D.O letters has been sent to all the Chief Justices of High Courts of Country by Honorable the Chief Justice of India with the Vision document prepared in October 2009 and in another hand such type of cases which is clearly a burden as per law is continuing in Judicial post is a matter of public debate.
Ideas, Views, Comments Invited how the Act should be implemented. The matter is within the coznigence of all concerned including the energy secretary Jharkhand/ senior legal advisor Jharkhand state electricity board ( an officer of the rank of District Judge and others).