Patna High CourtCR. WJC/162/2016disposed

Sanjay Kumar Singh v. The State Of Bihar Through Its Secretary Enrg. Dept. Bihar Patna And ORS

2016-07-19Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No. 162 of 2016 ====================================================== Sanjay Kumar Singh, S/o Kamlapati Singh, Resident of Village - Sabar, P.S. - Karamchat, District - Kaimur .... .... Petitioner

Versus

1. The State of Bihar through its Secretary, Energy Department, Bihar, Patna

2. The South Bihar Power Holding Corporation Limited, Vidhyut Bhawan, Bailey Road, Patna

3. The Officer-in-Charge, Kramchatt Police Station, District Kaimur .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Dharmendra Kumar Singh, Advocate For the O.P. No. 2 : Mr. Ajay Kumar Gautam, Advocate For the State : Mr. Kumar Kamal Nayan, A.C. to S.C. (33) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-07-2016 Heard learned counsel appearing on behalf of the petitioner and the State.

This application is directed for quashing of Karamchatt Police Station Case No. 41 of 2015, dated 16.12.2015 registered for the offence under Section 379 of the Indian Penal Code and Section 135 of the Indian Electricity Act, 2003. Learned counsel appearing on behalf of the South Bihar Power Holding Corporation Limited submits that if the petitioner applies for compounding for the offence in terms of Section 152 of the Electricity Act, 2003 the company shall not object to it and allow the offence to be compounded keeping in mind, the Division Bench decision in the case of Mosmat Swaran

Patna High Court Cr. WJC No.162 of 2016 (4) dt.19-07-2016 2/2 @ Swaran Manraw v. the State of Bihar and Another reported in 2012(2) PLJR 229.

In view of the said stand taken on behalf of the respondent no. 2, this application stands disposed of with an observation that if the petitioner applies for compounding of the offence by paying the compounding fee as prescribed under Section 152 of the Act, the respondent no. 2 shall proceed, accordingly, for compounding of the offence, keeping in mind the Division Bench decision in the case of Mosmat Swaran @ Swaran Manraw v. the State of Bihar and Another reported in 2012(2) PLJR 229.

kundan/- (Chakradhari Sharan Singh, J) U