SHRIMATI POONAM DEVI @ POONAM DEVI WIFE OF KISHOR KUMAR Vs. STATE OF BIHAR THROUGH CHAIRMAN CUM MANAGING DIRECTOR, BIHAR STATE POWER HOLDING COMPANY LIMITED

JUDGEMENT

(1.) The present application arises out of Purnea Sadar P.S. Case No. 302 of 2014 registered for the offences punishable under Section 135 of the Indian Electricity Act against the petitioner herein.

(2.) The short facts of the case are that the Junior Electrical Engineer, Line Bazar, Purnea, on the basis of secret information received by him, conducted a raid in the premises of the petitioner herein on 18.06.2014 at about 5:45 in the morning along with other officials of the North Bihar Power Distribution Company Limited (hereinafter referred as "NBPDCL") and armed forces whereupon it was found that in the premises of the consumer three phase electricity line had been brought from L.T. pole whereas single phase meter was installed in the premises which was defective and had been bye passed and theft of electricity was being committed. It has further been stated that the petitioner was committing theft of electricity amounting to 6 K.W. Thereafter, the P.V.C. wire, being used to commit the crime, and the meter were seized. It was further stated that on account of the said occurrence, NBPDCL has suffered a financial loss of Rs. 1,17,381.88 and apart from this the outstanding dues against the consumer was a sum of Rs. 35,471/-, hence a total loss of Rs. 1,52,852.88 had been caused. On the basis of the said written complaint of the Junior Electrical Engineer dated 18.06.2014, Purnea Sadar P.S. Case No. 302 of 2014 was registered under Section 135 of the Electricity Act against the petitioner herein.

(3.) The petitioner has filed the present application under Section 482 Cr.P.C. for quashing the First Information Report of Purnea Sadar P.S. Case No. 302 of 2014.