ABHISHEK KUMAR Vs. STATE OF BIHAR AND ANOTHER

JUDGEMENT

(1.) The present case arises out of Gaya Kotwali P.S. Case No. 37 of 2013 dated 12.02.2013 registered on the basis of complaint made by one Suraj Kumar Rajak, Assistant Electrical Engineer, Gaya Urban wherein it has been stated that on 12.2.2013 at about 12:00 in the afternoon, he along with other officials of the Electricity Department as well as the police force of the local police station conducted a raid in the premises of one Shri Dinesh Kumar Gupta situated at Tutwari Chowk Road near Balti Karkhana, Gaya and it was found that he was engaged in the theft of energy by by passing meter of his industrial electricity connection installed in his premises. Load was found to be 23.72 H.P. (17.69 K.W.) L.T.I.S.-1. The seizure list was made and the petitioner who was present on the spot, was arrested. It was estimated that on account of the said theft of energy, a loss of Rs. 3,25,250/- has been caused. On the basis of the said complaint of the Assistant Electrical Engineer, Gaya dated 12.2.2013, Kotwali P.S. Case No. 37 of 2013 was lodged under section 135 of the Electricity Act. Thereafter, the learned Special Judge, (Electricity), Magadh Area, Gaya by an order dated 10.4.2013, after filing of the charge sheet by the Police against the petitioner, has been pleased to take cognizance against the petitioner herein under section 135 of the Electricity Act.

(2.) The aforesaid order dated 10.04.2013 passed by the learned Special Judge, (Electricity), Magadh Area, Gaya is under challenge in the present proceeding.

(3.) This Court by an order dated 04.10.2017 had called for the case diary as well as a report from the learned trial court with regard to the present stage of the case. The learned trial court has submitted a report stating that cognizance has been taken in the present case and the matter is pending for supply of police papers to the accused persons.