DINESH KUMAR Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Shivendra Kishore, learned Senior Counsel appearing on behalf of the petitioners, Sri Jharkhandi Upadhaya, learned Addl. Public Prosecutor, who appears on behalf of Opp. Party no. 1 and Smt. Renu Jha, learned counsel appearing on behalf of Opp. Party no. 2/Bihar State Electricity Board.

(2.) Two petitioners, who are accused in Danapur P.S.Case no.331 of 2009, registered for the offence under Sections 135/138 of the Electricity Act, 2003, have approached this Court, while invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure with a prayer to quash an F.I.R. i.e. F.I.R. in Danapur P.S.Case No.331 of 2009 dated 21.10.2009 registered for offence under Sections 135/138 of the Electricity Act, 2003, corresponding to G.R. No.2367 of 2009.

(3.) Short fact of the case is that on secret information with regard to theft of electricity, a raid was conducted in the premises of the Institutions of both the petitioners and during the raid, seal of the Meters were found tampered and it was assessed that petitioner no.1, who was proprietor of M/S Magadh Industrial Training Centre, Danapur, had put the Bihar State Electricity Board to loss a sum of Rs. 16, 00,000/-. Similarly, petitioner no.2, who was proprietor of M/S National Industrial Centre, Digha, Patna, was found to have put the Bihar State Electricity Board to loss of a sum of Rs. 11,50,000/-. Thereafter, an F.I.R. was lodged in Danapur Police Station vide Danapur P.S.Case No.331 of 2009 for the offence under Sections 135/138 of the Electricity Act, 2003.