BIJAY NARAIN SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of the order dated 13.8.1998 passed by Chief Judicial Magistrate, Gaya in Civil Line P.S. Case No. 216 of 1993 whereby the learned Magistrate has taken cognizance for the offence under Sections 39/44 of the Indian Electricity Act and 379 of the Indian Penal Code. The petitioner has also prayed for quashing of entire criminal proceeding in respect of Civil Line P.S. Case No. 216 of 1993.

(2.) Allegation as per FIR is that on 22nd September, 1993, a raiding party was constituted by the Electricity Board official, which consisted one Deputy Collector, Land Reforms, Gaya. The team raided different residential houses in a colony, namely, Nutan Colony, Gaya. The raiding party found that 13 accused persons were using electricity by committing an offence of theft of electricity. After conducting the raid, seizure list was prepared and in the seizure list, petitioner's name finds place at SI. No. 10. After registering the case, the police investigated the same and thereafter charge-sheet was submitted. After submission of chargesheet, learned Magistrate, by the impugned order, has taken cognizance of the offence as mentioned above.

(3.) Learned counsel Shri Abhijeet Kumar Lal appearing on behalf of the petitioner, while challenging the order of cognizance as well as initiation of entire proceedings, submits that in this case, FIR was lodged in the month of September, 1993 and after long delay, charge-sheet was submitted on 30.6.1998. He submits that order of cognizance is barred under the provisions of Section 468 of the Code of Criminal Procedure. He submits that for the offences alleged maximum punishment is imprisonment for three years and as such in view of Section 468(2) (c) of the Code of Criminal Procedure, 1973 (referred as Cr PC) after lapse of three years from the date of occurrence, the learned Magistrate was not authorized to take cognizance for the offences.