Dilip Kumar @ Dilip Sao v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20740 of 2013 Arising Out of PS.Case No. -25 Year- 2013 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Dilip Kumar @ Dilip Sao, S/o Garib Sahu, Resident of near Industrial Area, Lakhisarai, P.S.- Lakhisarai District- Lakhisarai .... .... Petitioner

Versus

1. The State of Bihar

2. Sujit Kumar, S/o of Sri Devki Nandan Mahto, village-Chachmara, P.S.- Jamua, District-Giridih, Jharkhand presently posted as Assistant Electrical Engineer, Supply Sub Division, Lakhisarai

3. The Deputy Superintendent of Police, Lakhisarai .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mrs. Priya Gupta, Advocate For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 4 01-03-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The present application under Section 482 of the Code of Criminal Procedure has been filed for quashing the criminal proceeding arising out of Lakhisarai (Kawaiya) P.S. Case No. 25 of 2013 registered for the offence of committing theft of electricity.

At the outset, it is fairly stated by the learned

Patna High Court Cr.Misc. No.20740 of 2013 (4) dt.01-03-2017 2 / 2 counsel for the petitioner that during pendency of the present application the investigation of the case has been completed and a police report under Section 173(2) of the Code of Criminal Procedure has been filed before the court of Magistrate pursuant to which, cognizance of the offences have been taken. In that view of the matter, the writ application is disposed of with liberty to the petitioner to challenge the order taking cognizance of the offence by filing another appropriate application.

(Ashwani Kumar Singh, J.) Sanjeet/- U T