Pramod Singh Vs The State of Bihar through its Executive Electricity Engineer, Bhagalpur — Patna HC (2025) — LawSathi Research

Pramod Singh Vs The State of Bihar through its Executive Electricity Engineer, Bhagalpur — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to raise all the grounds at an appropriate stage, if charge-sheet is submitted; none of the prayers (i)-(iv) was granted.

Issue for consideration

Whether the F.I.R. bearing Kharik P.S. Case no.123/2024 dated 12.06.2024, registered for the offence under section 135 of Electricity Act, 2003 against the petitioner, should be quashed. +3 more

Court's answer

In a case of electricity theft, this Court will not quash the FIR on merits considering the defence of the petitioner.

Ratio / Principle

For setting aside the penalty order, the petitioner can prefer a writ application; relief (ii) was accordingly not granted in this application.

Key takeaways

This application is disposed of with liberty to the petitioner to raise all the grounds at an appropriate stage, if charge-sheet is submitted.ratio¶29

Detailed headnote1 paragraphs

Pramod Singh v. The State of Bihar and others (electricity and police authorities) - High Court of Judicature at Patna, Criminal Writ Jurisdiction Case No.137 of 2025 (oral order dated 07-07-2025, Sandeep Kumar, J), arising out of PS Case No.123 of 2024, Thana Khariik, District Bhagalpur. The petitioner sought (i) quashing of F.I.R. Kharik P.S. Case no.123/2024 dated 12.06.2024 registered for the offence under section 135 of Electricity Act, 2003; (ii) setting aside of a penalty order of Rs.4,57,600/- (four lakh fifty seven thousand and six hundred only) dated 12.06.2024 against Consumer/Service Connection no. 243204642958 issued by Shri Barun Kumar, Additional Electricity Engineer (AEE) (Respondent no.3); (iii) assessment of electricity meter no.SB6995798; and (iv) restoration of his electricity connection to run his Atta Chakki (flour mill). The Court held that in a case of electricity theft it will not quash the FIR on merits considering the petitioner's defence, observed that for setting aside the penalty order the petitioner can prefer a writ application, and disposed of the application with liberty to the petitioner to raise all grounds at an appropriate stage if a charge-sheet is submitted.

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.137 of 2025

Arising Out of PS. Case No.-123 Year-2024 Thana- KHARIK District- Bhagalpur

======================================================

Pramod Singh S/o- Late Satyanarayan Singh Village- Chorhar Surha PsKharik Dist- Bhagalpur

... ... Petitioner/s

Versus

The State of Bihar through its Executive Electricity Engineer, Bhagalpur Bihar

The Sub Divisional Officer, Electricity Dept., Sub Division, Naugachiya, Bhagalpur Bihar

The Assistant Electricity Engineer, Electricity Engineer, Electricity Distribution Lower- Division Bihar

The Senior Superintendent of Police, SSP, Bhagalpur Bihar

The Superintendent of Police, Naugachia Bihar

The State of Bihar through Managing Director, South Bihar Power Distribution Company Ltd. Bihar

The State of Bihar through Chairman cum MD Bihar State Power Holding Company Ltd. Bihar

... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Rakesh Kumar Singh For the Respondent/s : Mr.S.C.6 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

2 07-07-2025

Heard learned counsel for the petitioner, learned

counsel for the State and the learned counsel for the electricity

company.

This application has been filed for seeking following reliefs:

(i) For Quashing of F.I.R. bearing Kharik P.S.Case no.123/2024 dated 12.06.2024 registered for the offence under section 135 of Electricity Act, 2003 against the present petitioner.

Patna High Court CR. WJC No.137 of 2025(2) dt.07-07-2025

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(ii) For setting aside of penalty order amounting to Rs.4,57,600/- (Four lakh fifty seven thousand and six hundred only) dated 12.06.2024 against the Consumer/Service Connection no. 243204642958 of the petitioner issued by the signature of Shri Barun Kumar Additional Electricity Engineer (AEE) (Respondents no.3 herein)

(iii) For directing the respondents no.1 to 3 to assess the Electricity meter of the petitioner bearing no.SB6995798 installed against Consumer/Service connection no. 243204642958

(iv) For directing the respondents no.1 to 3 to forthwith restore the electricity connection of the petitioner in order to enable him to earn his livelihood by making operational his Atta Chakki (Flour mill)

For setting aside of the penalty order, the petitioner

can prefer writ application.

So far as the quashing of the FIR is concerned, in a case of electricity theft, this Court will not quash the FIR on merits considering the defence of the petitioner.

In these circumstances, this application is disposed of with liberty to the petitioner to raise all the grounds at an appropriate stage, if charge-sheet is submitted.

(Sandeep Kumar, J)

anand/- U T