Binod Sah @ Binod Kumar Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16163 of 2014 Arising Out of PS.Case No. -24 Year- 2013 Thana -RAIYAM District- DARBHANGA ====================================================== Binod Sah @ Binod Kumar Sah Son Of Mahendra Sah Resident Of Village + P.S.- Raiyam Bazar, District - Darbhanga .... .... Petitioner

Versus

1. The State Of Bihar

2. The Assistant Electrical Engineer-Cum-Assession Officer, Electric Supply Sub- Division, Darbhanga (Ara) .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav, Adv. For the Opposite Party/s : Mr. Jagdhar Prasad (App) For N.B.P.D.Company : Mr. Vijay Kumar Verma, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-05-2016 Heard learned counsel for the parties.

This application has been filed for quashing of the First Information Report of Raiyam P.S.Case No. 24/2013 registered for the offences punishable under section 135 of the Electricity Act, 2003.

Upon perusal of the F.I.R. it is evident that an offence under the said provision of the Electricity Act is made out. There is no dispute that the offence is cognizable. The F.I.R., therefore, need not be quashed in the present facts and circumstances of the case exercising extra-ordinary jurisdiction under section 482 of the Cr.P.C. It is, however, made clear that if the petitioner applies for

Patna High Court Cr.Misc. No.16163 of 2014 (4) dt.17-05-2016 compounding of the offence after depositing compounding fee, the same shall be accepted by North Bihar Power Distribution Company Ltd. (O.P.No.2).

This application is, accordingly, dismissed.

(Chakradhari Sharan Singh, J) Surendra/- U