Poonam Sinha @ Punam Sinha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39868 of 2018 Arising Out of PS. Case No.-392 Year-2013 Thana- PHULWARISHARIF District- Patna ====================================================== Poonam Sinha @ Punam Sinha, Wife of Anil Kumar Sinha Resident of Mohalla - Sabalpura, Near Sangam Transport, P.O. - Khagaul, P.S. - Phulwarsharif, District - Patna, Presently residing at Khajpura, P.O. - B.V. College, P.S. - Airport, District - Patna.

... ... Petitioner/s

Versus

1.

State of Bihar 2.

Shiv Bhawan Singh, Son of not Known Presently posted as Junior Electrical Engineer, Electricity Supply Sub Division, South Bihar Power Distribution Company Khagaul, Phulwarisharif, Patna.

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

For the Petitioner/s :

Mr.Jagjit Roshan For the Opposite Party/s :

Mr.Sri Rajesh Kumar For the South Bihar PDC:

Mr. Vijay Kumar Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-01-2021 Heard the learned counsel for the parties.

The petitioner seeks quashing of the entire proceeding in connection with Phulwari Sharif P. S. Case No. 392 of 2013 / Special Case No. 654 of 2013, which has been instituted for the offence under Section 135 of the Electricity Act.

Though the petitioner has sought quashing of the entire criminal proceeding but the fact remains that investigation of the case is still pending and therefore

Patna High Court CR. MISC. No.39868 of 2018(4) dt.18-01-2021 2/2 the only prayer of the petitioner is of quashing of the F.I.R.

The ground urged on his behalf is that now with the passage of so many years, no cognizance could be taken against the petitioner under Section 468 of the Code of Criminal Procedure.

If that be so, the aforesaid submission could be raised before the Court when the charge-sheet will be submitted.

In case, in the event of submission of chargesheet, such an application on behalf of the petitioner shall be filed, the court below shall examine the matter and shall pass order in accordance with law.

The petition stands disposed off accordingly. (Ashutosh Kumar, J) skm/- U T