Mere filing of a criminal appeal under Section 482 CrPC against the Magistrate's order taking cognizance under the Electricity Act, 2003 was dismissed as the order caused no harm and prima facie materials existed for the cognizance.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16814 of 2014
====================================================== Ram Babu Roy @ Sanjeet Kumar son of Sri Anandi Roy, resident of village-Barhauna Tola, Barmotar, P.S.- Vidyapati Nagar, DistrictSamastipur .... .... Petitioner/s Versus 1.State of Bihar 2.The Chairman, Bihar State Electricity Board, Vidyut Bhawan, Bailey Road, Patna .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 11-04-2014 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner has been made accused in Vidyapati Nagar P.S. Case No.77 of 2012 dated 18.7.2012 registered, inter alia, under section 135 of the Electricity Act, 2003. The petitioner was found committing theft of electricity and accordingly incriminating cable was seized from the place of occurrence. The case was investigated upon and on conclusion of investigation the police submitted charge-sheet. The Additional Chief Judicial Magistrate, Dalsingsarai after going through the materials available on record took cognizance of the offence under section 135 of the Electricity Act, 2003 by order dated 26th April, 2013. The said order is under challenge before this court in an application filed under section 482 of the Code of Criminal Procedure.
Patna High Court Cr.Misc. No.16814 of 2014 (2) dt.11-04-2014
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Learned counsel for the petitioner has submitted that the entire allegations made in the FIR are false and fabricated.
Be that as it may, credibility or otherwise of the defence version is not to be seen at the stage of taking cognizance. There were prima facie materials available before the court on the basis of which it has taken cognizance of the offence.
I do not find any illegality in the order impugned. Accordingly, this application is dismissed.
(Ashwani Kumar Singh, J)
Md.S./-
1 issue framed by the court
Whether the Magistrate committed any illegality in taking cognizance of the offence under Section 135 of the Electricity Act, 2003 based on prima facie materials.
2 provisions across 2 enactments
Ram Babu Roy @ Sanjeet Kumar
State of Bihar
The Chairman, Bihar State Electricity Board
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
