Single judge order dismissing a criminal miscellaneous petition challenging an FIR under Section 135 of the Electricity Act. The court found no merit and granted liberty to apply for compounding pending deposit of dues.
Liberty to file application in court below for compounding after depositing due amount shown in FIR along with compounding fee.
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Patna High Court Cr.Misc. No.9586 of 2011 (3) dt.05-09-2012
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9586 of 2011
====================================================== Ajit Kumar Sharma son of Sri Brij Bihari Sharma, resident of Konark Road, PS-Karim Bazar, District-Munger. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : M/s Markandeya Singh, Adv. Mr. Raghunath Singh, Adv. For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 3 05-09-2012 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is challenging the F.I.R. of Kasim Bazar P.S. Case No. 4/2011 for offence under section 135 of the Electricity Act.
From the F.I.R. it appears that officers of the Bihar State Electricity Board along with his personnel had inspected the premises of the petitioner where it was found that the petitioner was consuming the power with the help of Toka. The aforesaid team assessed loss of Rs. 19,944/- to the Electricity Board.
In this view of the matter, this Court does not find any merit in the present case. Accordingly, this petition is dismissed with liberty to the petitioner to file an application in the court below and if an application is filed by the petitioner for
Patna High Court Cr.Misc. No.9586 of 2011 (3) dt.05-09-2012
compounding after depositing the due which has been shown in the F.I.R. along with the compounding fee, the court below will look into the matter and pass the order in accordance with law.
(Shivaji Pandey, J)
Mahesh/-
Ajit Kumar Sharma
The State Of Bihar
Shivaji Pandey
As recorded by the court registry
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