SANJAY KUMAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) A supplementary affidavit has been filed on behalf of the petitioners and the same is placed on the record. This is an application filed under Section 482 of the Code of Criminal Procedure for quashing the order dated 9th January, 2007 passed in Cr. Revision No. 698 of 2005 by the 6th Additional Sessions Judge, Patna, dismissing the revision and also for quashing the order dated 26th August, 2005 passed by Shri Rajesh Kumar, Judicial Magistrate, 1st Class, Patna City, rejecting the petition of discharge of the petitioners.

(2.) ASSISTANT Electrical Engineer alongwith Magistrate, Police Party and other officials conducted a raid in Mohalla -Shivpur Tikia Toli, Mussalehpur for checking theft of electric energy. During the course of raid he found five persons including the petitioners committing theft of electric energy. He found petitioner Sanjay Kumar Yadav committing theft of electric energy by fixing a Toka in the main line to his lodge situated in Mohalla -Shivpur Tikia Toli, Mussalehpur causing a loss of Rs. 42,000/ - to the Electricity Board. He seized the electric wire. Similarly he found petitioner Kitab Lai Yadav committing theft of electric energy by fixing a Toka in the main line to his lodge causing a loss of Rs. 1,00,500/ - to the Electricity Department. He seized the electric wire. After investigation charge -sheet was submitted under Section 379 of the Indian Penal Code and under Sections 39/40 of the Electricity Act.

(3.) CONSIDERED the submissions made by the learned lawyer for the petitioners and the aforesaid referred decisions. I am of the view that the miscellaneous case is fit to be allowed. In the result, the miscellaneous case is allowed and the impugned order is quashed.