Balkeshwar Singh v. The State Of Bihar, Through The Principal Secretary, Energy Department, Government Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.140 of 2018 Arising Out of PS. Case No.-583 Year-2017 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Balkeshwar Singh S/o Late Rajaram Singh, R/v Chotki Miriya, P.S.- Sonhan, Distt.- Kaimur at Bhabua.

... ... Petitioner/s

Versus

1.

The State Of Bihar, Through The Principal Secretary, Energy Department, Government Of Bihar, Patna 2.

The Chief Engineer, Electricity Board, Patna. 3.

The Assitant Electrical Engineer, Electric Supply Sub-Division, Kudra, Distt.- Kaimur.

4.

The Junior Electrical Engineer, Electric Supply Branch, Pusauli, 5.

The Sarani Purush, Electric Supply Branch, Pusauli Kudra, Distt.- Kaimur. 6.

The Station House Officer of Sonhan P.S., Bhabhua, Kaimur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar Sinha, Advocate For the Respondent/s :

Mr.Abbas Haider, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 27-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. This application has been filed for quashing of F.I.R vide Bhabhua (Sonhan) P.S. Case No. 583 of 2017 registered for the offence under Section 135 of the Electricity Act and also directing the respondent authorities to produce the account statement of electricity connection of the Account No. 17COMP/KD02603 and B.H No. 22420, Kudra Sub-Division, Bhabhua regarding the dis-connection of the electric account of the petitioner.

Patna High Court CR. WJC No.140 of 2018(2) dt.27-07-2023 2/2

3. Learned counsel for the petitioner submits that he has come for quashing of the F.I.R and other allied prayers.

4. This F.I.R cannot be quashed, in view of the law laid down by Hon'ble Supreme Court in case of M/S Neeharika Infrastructure Pvt. Ltd Vs. State of Maharastra and Others reported in (2020) 10 SCC 118. So far as, other prayers of the petitioner are concerned.

5. The petitioner is given liberty to file an application before Electricity Company for redressal of his grievances.

6. If such an application is filed by the petitioner, the Electricity Company will dispose of the same in accordance with law.

7. With the aforesaid observation and direction, this application is disposed of.

(Sandeep Kumar, J) Harsh/ U T