KRISHNA YADAV Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The instant appeal under section 341 of the Code of Criminal Procedure (for short 'CrPC') has been filed by the appellant against the order dated 5.3.2016 passed by the learned Special Judge, Electricity, Magadh Area, Gaya in Narahat P.S. Case No. 143 of 2014 whereby the application filed by the petitioner under Section 340 of the Cr.P.C. has been dismissed.

(2.) Narhat P.S. Case No. 143 of 2014 was registered on 26.8.2014 on the basis of a written report submitted by one Anil Kumar Bharti, an Assistant Electrical Engineer, Nawada alleging therein that theft of electricity was being committed by six accused persons named in the FIR. In the said case, in course of investigation, the petitioner was remanded to judicial custody. Since the investigating agency failed to submit a report under Section 173(2) of the Cr.P.C. within the statutory period prescribed under Section 167 of the Cr.P.C., as a result of which the petitioner was granted bail under the proviso to Section 167(2) Cr.P.C. for the default of the prosecution.

(3.) The petitioner filed an application under Section 340 of the Cr.P.C. in the court of Special Judge, Electricity alleging therein that the informant of the case and other officials of the Electricity Board, who were members of the raiding team, have falsely implicated him in the case and, hence, after conducting an enquiry into the matter a finding be given to that effect and a complaint be lodged against the persons involved in framing the petitioner as an accused in the aforesaid case. The learned Special Judge, Electricity, rejected the application filed by the petitioner vide impugned order dated 5.3.2016.