Aftab Khan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35806 of 2013 Arising Out of PS.Case No. -73 Year- 2013 Thana -DAWATH District- SASARAM (ROHTAS) ======================================================

1. Akhilesh Choubey @ Alakhdeo Chuoubey S/O Late Prahalad Choubey Resident Of Village Basham, Police Station Davat, District Rohtas, Sasaram.

.... .... Petitioner

Versus

1. The State Of Bihar.

2. The South Bihar Power Distribution Company Through Managing Director, Having Office At Vidyut Bhawan Baily Road, Patna.

3. Ashok Kumar Mehta S/O Late Dev Chand Prasad Presently Posted As Executive Engineer, Electric Supply Division, Sasaram, District Sasaram. .... .... Opposite Parties ====================================================== with Criminal Miscellaneous No.36750 of 2013 Arising Out of PS.Case No. -73 Year- 2013 Thana -DAWATH District- SASARAM (ROHTAS) ======================================================

1. Aftab Khan S/O Late Mahfooz Khan Resident Of Village Basham, Police Station Davat, District Rohtas, Sasaram.

.... .... Petitioner

Versus

1. The State Of Bihar.

2. The South Bihar Power Distribution Company Through Managing Director, Having Office At Vidyut Bhawan, Baily Road, Patna.

3. Ashok Kumar Mehta S/O Late Deochand Prasad Resident Of Village Mewar, Police Station Nursarai, District Nalanda, Presently Posted As Electrical Executive Engineer, Sasaram.

.... .... Opposite Parties ====================================================== Appearance :

(In both cases) For the Petitioner : Mr. Sanjeet Kumar For the State : Mr. Ashok Kumar 1 (App) For O.P. Nos. 2 & 3 : Mr. Anand K. Ojha Mr. Ashok Karna ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-04-2016 A counter affidavit has been filed on behalf of the South Bihar Power Distribution Company Limited, bringing on record the assessment of the amount of loss

Patna High Court Cr.Misc. No.35806 of 2013 (5) dt.04-04-2016 2/2 caused to the Company, let the same be kept on record. Upon perusal of the First Information Report, I find that the same cannot be quashed in exercise of power under Section 482 of the Code of Criminal Procedure, as cognizable offences are made out on the basis of the allegations made therein.

These applications are accordingly dismissed. It goes without saying that the petitioners shall have the liberty to raise all the points which have been raised in the present applications at appropriate stage, i.e., stage of framing of the charge or at any other subsequent stage, since I have not gone into the merits of such ground taken in these applications.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √