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Patna High CourtCR. MISC./75919/2023disposed

Brijnandan Prasad @ Brijnandan Prasad Kishore v. The State Of Bihar

2024-07-02Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75919 of 2023 Arising Out of PS. Case No.-123 Year-2023 Thana- BEN P.S. District- Nalanda ====================================================== BRIJNANDAN PRASAD @ BRIJNANDAN PRASAD KISHORE SON OF LATE SHIBALI PRASAD R/O VILLAGE- KARJARA, P.S.- BEN, DISTRICT- NALANDA, AT PRESENT - R/O VILLAGE AND P.S.- DEEPNAGAR, DISTRICT- NALANDA ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nitya Nand Neeraj For the Opposite Party/s :

Mr.Ramchandra Sahni For the SBPDCL :

Dr. Anand Kumar, Advocate.

Mr. Ranjan Prakash.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-07-2024 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing on behalf of the Electricity Department.

2. This application has been filed on behalf of the petitioner for quashing the FIR bearing Ben P.S. Case No. 123 of 2023 registered for the offence under Section 135 nof the Electricity Act.

3. Section 152 of the Electricity Act, 2003 provides for compounding of offences.

4. In these circumstances, the petitioner is directed to approach the appropriate authority for compounding who will hear the petitioner and pass an order accordingly. The

Patna High Court CR. MISC. No.75919 of 2023(4) dt.02-07-2024 2/2 compounding application shall be shall be filed by the petitioner within 15 days from today and if such an application is filed then the same shall be disposed of by the competent authority within two months of its filing after hearing the petitioner.

5. For the next two months, no coercive steps shall be taken against the petitioner in connection with the present FIR.

6. If the petitioner files an application for compounding then his connection shall be restored as he has already applied for restoration of connection after paying the requisite fee. The dispute in question is for a very small amount i.e. for Rs. 74000/-.

7. With the aforesaid directions, this application is disposed of.

(Sandeep Kumar, J) Vikas/- U T