PRABHASH CHANDRA MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONERS are working in the Electricity Department on various posts and were at the relevant time posted at Begusarai. A report was instituted on 16.8.2001 in which it is said that the petitioners raided the premises of one 2 Rajendra Poddar and found that son of Rajendra Poddar was channelising electricity illegally from the main line. The petitioners instituted a case of theft of electricity against the son of Rajendra Poddar. Rajendra Poddar instituted a complaint impleading these petitioners as accused persons in a case under Sections 406, 420 and 504/34 of the Indian Penal Code. The allegation is that these petitioners disconnected 15 meters of P.V.C., and abused the complainant and his wife.

(2.) LEARNED counsel for the petitioners submits that filing of complaint case numbered as 1495 C of 2001 is an abuse of the process of law, inasmuch as the petitioners had earlier filed a case alleging theft of electricity against the son of the complainant. It is submitted that if such cases are permitted to be instituted and the government employees are faced with threat of a criminal case each time they perform a public duty, it would virtually be impossible for them to work fearlessly, which would give a wide handle 3 to those persons who commit theft of electricity.