RANJEET KUMAR VISHWAKARMA S/O SITA RAM VISHWAKARMA Vs. STATE OF BIHAR; S P JAMUI; DY S P JAMUI; OFFICER-IN-CHARGE, SONO P S ; BIHAR STATE ELECTRICITY BOARD, PATNA; DHARAMDEO MOCHI, INCHARGE JUNIOR ELECTRICAL ENGINEER

JUDGEMENT

(1.) Petitioners, Ranjeet Kumar Vishwakarma, Pappu Singh and Dilip Vishwakarma have invoked the extraordinary power envisaged under Article 226 of the Constitution of India with regard to quashing of Sono P.S. Case No.144/2008 relating to their interest registered under Section 379/34 IPC, 135, 142, 39, 47 of the Electricity Act.

(2.) It has been submitted on behalf of the petitioners that the prosecution so launched at the behest of one Dharamdeo Mochi, In-charge Junior Electrical Engineer Supply, Jhajha, Sono is bad in law in the background of the fact that in terms of Section- 135 (1A) of the Electricity Act, he is not the competent person to launch prosecution in terms of Notification issued by the department itself (Annexure-2). Consequent thereupon, the launching of prosecution followed with investigation happens to be contrary to the law and is accordingly, fit to be quashed.

(3.) The counter affidavit has separately been filed on behalf of concerned Respondents. As per counter affidavit filed on behalf of Board, more particularly, para-11 thereof, as well as after hearing submissions made on behalf of Respondent No.5, Electricity Department, there is no controversy with regard to status of informant Dharamdeo Mochi being not competent enough to launch criminal prosecution in terms of Notification (Annexure-2) admitted one.