Patna High CourtCR. MISC./4574/2015withdrawn

Rajiv Narayan Singh v. State Of Bihar And ANR

2019-05-10Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 4574 of 2015 Arising Out of P.S. Case No.-87 Year-2013 Thana- Hawai Adda, District- Patna ====================================================== Rajiv Narayan Singh, Son of Late Jay Narayan Singh, resident of Village/Mohalla - Raja Bazar, Patna, P.S. Hawai Adda, District - Patna. ... ... Petitioner/s

Versus

The State of Bihar 2.

The Electrical Executive Engineer, Electric Supply Division, Bihar State Electricity Board, New Capital Area, Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raghwanand and Mr. Arbind Kumar Singh, Advocates For the State :

Mr. Akbar Ali, APP For the Opposite Party/s :

Mr. Nikesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 10-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has moved the Court under Section 482 of the Code of Criminal Procedure, 1973 for the following relief:

"That this is an application on behalf of the petitioner named above, for quashing the order dated 24.05.2014 passed by the Special Court, Pesu Area, Patna in Special Case No.

430/2013 arising out of Hawai Adda P.S. Case No. 87/2013, by which the learned court took the cognizance against the petitioner of offence under section 135 of the Electricity Act, 2003."

3. After some arguments, learned counsel for the petitioner submitted that he may be permitted to withdraw the

Patna High Court CR. MISC. No.4574 of 2015(4) dt.10-05-2019 2/2 application with liberty to move before the Competent Authority of the Bihar State Power Holding Company Limited (hereinafter referred to as the 'Company') with regard to compounding of the offence, as provided under Section 152 of the Electricity Act, 2003.

4. Having regard to the aforesaid, the application stands disposed off as withdrawn with liberty aforesaid.

5. It goes without saying that if the petitioner files such an application before the Competent Authority of the Company, the same shall be considered on its own merits, in accordance with law, without being prejudiced by the present order.

(Ahsanuddin Amanullah, J.) P. Kumar U T