NEELAM PRINTERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel representing respondents no. 6, 7 and 8 as also learned counsel representing the State.

(2.) Petitioner in the present case is seeking quashing of the First Information Report being Bhabhua P.S. Case No. 490 of 2017 dtd. 10/8/2017 registered U/S 135 of the Bihar Electricity Act. According to the Assistant Electrical Engineer, who has lodged the First Information Report, in course of his inspection of the Sadar Hospital, Bhabhua he found that this petitioner was supplying electricity through a generator set by using a changer and connecting LT wires with one phase and one neutral wire. Having found that the petitioner was committing theft of electricity, a videography of the whole occurrence was done and seizures were also made. A copy of the Seizure List is enclosed with the F.I.R. There are as many as five witnesses to the said seizure. A copy of the Seizure List was handed over to the Generator Operator but he refused to receive the same.

(3.) Learned counsel representing the petitioner submits that from Annexure-1 to the Writ Application it would appear that there was an Agreement between the Civil Surgeon-cum-member Secretary, District Health Society, Kaimur and this petitioner for supplying electricity through the Generator set of the petitioner for a period of three years. Referring to some of the clauses under the Agreement learned counsel submits that this petitioner was required to bear the entire expenses of operation of the Generator Set and in case of low voltage or in an emergent condition if the Generator Set is used for supply of energy then the Deputy Superintendent or the In-charge Medical Officer of the Hospital had to make entry in this regard in the Log Book.