Md. Abu Rahman @ Md. Abu Rehan v. The State Of Bihar Through Director General Of Police And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.276 of 2017 Arising Out of PS. Case No.-880 Year-2016 Thana- ARARIA District- Araria ====================================================== Md. Abu Rahman @ Md. Abu Rehan, S/o Late Md. Yunus, resident of village-Islamnagar, Ward No.28 near Jama Masjid, P.S.-Araria, DistrictAraria. ... ... Petitioner/s

Versus

1. The State of Bihar through Director General of Police.

2. The Superintendent of Police, Araria, District-Araria.

3. Deputy Superintendent of Police Araria Town, District-Araria.

4. Officer Incharge Araria Police Station, P.S. + District-Araria.

5. Kunal Kumar, S/o Sambhu Paswan, Junior Engineer, Electricity Araria, Electric Supply section Araria (Town), at present resident of village-Pasra, P.S.-Pipra, District-Supaul.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar, Advocate For the Respondent/s :

Mr. Mr. Partha Sarthy, GA-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 16-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

2. This writ petition has been filed by the petitioner for quashing the first information report of Araria P.S. Case No.880 of 2016 registered under Section 135 of the Electricity Act, 2003.

3. The informant has alleged that the inspecting team found the petitioner indulged in theft of electricity by direct hooking to main LT line.

4. The allegation made in the first information report do attract ingredients of a cognizable offence.

Patna High Court Cr. WJC No.276 of 2017 dt.16-01-2019 2/2

5. In that view of the matter, neither the institution of the first information report nor its investigation can be held to be bad.

6. The writ application, being devoid of any merit, is dismissed.

(Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.01.2019 Transmission Date 17.01.2019