BIHAR STATE ELECTRICITY BOARD Vs. NAND KISHORE TAMAKHUWALA

JUDGEMENT

(1.) This appeal arises in peculiar circumstances. A complaint was filed in the Court of the Sub-Divisional Judicial Magistrate, Sahibganj on 26th April, 1974. The complainant claimed to be the son of one of the partners of the firm M/s. Dhanraj Sagarmal Tamakhuwala which owned a flour mill at Sahibganj. The allegations made in the complaint were of failure of power supply for four days to the flour mill and the Bihar State Electricity Board and other officers were joined as accused persons and it was also alleged that it resulted in monetary loss to the flour mill. No particular act or omission of any particular officer or Board who were arrayed as accused persons was mentioned. The offences alleged were under S. 42(b) of the Indian Electricity Act, 1910 ('Act' for short) and Ss. 166 and 427 of the Indian Penal Code. Against the order of the learned Magistrate taking cognizance of the complaint, a petition was filed in the High Court under S. 482 of the Code of Criminal Procedure for quashing the prosecution.

(2.) A learned Judge of the High Court by his order dated November 29, 1976 quashed the proceedings against petitioners Nos. 2, 4 and 6 but rejected the prayer in respect of petitioner No. 1 i.e. the Board and petitioner No. 5 Shri Haldar Prasad. Aggrieved by this order of the High Court dated November 29, 1976 this Court was approached for leave to prefer an appeal and the leave having been granted this appeal has been filed in this Court.

(3.) The complaint was filed in 1974. The order of the High Court was passed on 29th November, 1976 and it is unfortunate that the matter has come up for hearing only today i.e. 11th March, 1986.