Patna High CourtCR. WJC/812/2018dismissed

Ganesh Prasad v. The State Of Bihar, Through The Principal Secretary, Energy Department, Government Of Bihar, Patna

2019-01-08Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.812 of 2018 Arising Out of PS. Case No.-10 Year-2017 Thana- BRAHMPUR District- Buxar ====================================================== Ganesh Prasad S/o Late Shankar Sah, R/o Village-Pachforwa, P.S.- Brahampur, District- Buxar.

.. ... Petitioner/s

Versus

1. The State of Bihar, through the Principal Secretary, Energy Department, Government of Bihar, Patna.

2. The Managing Director, South Bihar Power Distribution Company Ltd. Bihar, Patna.

3. The Superintendent of Police, Buxar.

4. The Executive Engineer, Electricity Board, Buxar.

5. The Assistant Engineer, Electrical Sub - Division, Dumraon, District- Buxar.

6. The Junior Electrical Engineer, Brahampur, District- Buxar.

7. The Junior Electrical Engineer, Simri, District- Buxar.

8. The S.H.O. Brahampur Police Station, District- Buxar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudhir Kumar Singh, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 08-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

2. This writ petition has been filed by the petitioner for quashing the first information report of Brahampur P.S. Case No.10 of 2017 dated 10.01.2017 registered under Section 135 of the Electricity Act.

3. On perusal of the first information report, as contained in Annexure-1 to the writ petition, I find that there is allegation by the informant Sandeep Kumar Gupta, the Assistant Electrical Engineer, Electricity Supply, Sub-division, Dumraon

Patna High Court Cr. WJC No.812 of 2018 dt.08-01-2019 2/2 that the petitioner was found indulged in theft of electricity by direct hooking with LT line even after his line was disconnected on account of non-payment of dues amount.

4. The allegation made in the first information report clearly attract the ingredients of the offence punishable under Section 135 of the Electricity Act, 2003.

5. In that view of the matter, I see no illegality either in the institution of the first information report or its investigation.

6. The writ petition, being devoid of any merit, is dismissed.

(Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.01.2019 Transmission Date 09.01.2019