In this criminal miscellaneous application, the petitioner sought quashing of an FIR alleging theft of electricity causing financial loss to the supplier. The High Court examined if the allegations attracted the ingredients of the specific offense.
Application seeking quashing of the FIR was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13337 of 2015
Arising Out of PS.Case No. -57 Year- 2015 Thana -SUPAUL District- SUPAUL =========================================================== Rudra Pratap Lal son of Sri Narendra Nath Das, resident of Mohalla- Gajna Chauk, East to Hanuman Mandir, P.S+ District- Supaul. .... .... Petitioner/s Versus The State of Bihar through Bihar State Electricity Board, Patna (Now NBPDCL through M.D.) .... .... Opposite Party/s =========================================================== Appearance : For the Petitioner/s : Mr. Pramod Mishra, Advocate For the State : Mr. Jharkhandi Upadhyay, APP For the NBPDCL : Mr. Vijay Kumar Verma, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 08-04-2016
By way of the present application preferred under section 482 of the Code of Criminal Procedure, the petitioner has sought for quashing of first information report (for short “FIR”) of Supaul P.S. Case No.57 of 2015 registered under section 135 of the Electricity Act.
2. I have heard learned counsel for the petitioner and learned counsel appearing for the North Bihar Power Distribution Company Limited.
3. It has been categorically alleged in the FIR that the petitioner was found committing theft of electricity causing loss of Rs.1,70,236/- to the supplier company.
Patna High Court Cr.Misc. No.13337 of 2015 dt.08-04-2016
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4. The allegations made in the FIR do attract ingredients
of section 135 of the Electricity Act.
5. In that view of the matter, I find no merit in the present
application. Accordingly, it is dismissed.
(Ashwani Kumar Singh, J)
Md.S./-
U T
1 issue framed by the court
Whether the allegations in the FIR under section 135 of the Electricity Act attract the protection of Section 482 CrPC for quashing.
2 provisions across 2 enactments
Rudra Pratap Lal
The State of Bihar
North Bihar Power Distribution Company Limited
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
