SATYA NARAYAN PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned senior counsel for the petitioner and learned APP for the State.

(2.) A petition on behalf of the petitioner filed under Section 239 of the Cr.P.C. has been dismissed by learned Judicial Magistrate, Begusarai vide order dated 12.2.2007. The said order which is rejected the prayer of discharge is being challenged on many a grounds in this application.

(3.) The short facts are that the petitioner is a retired government servant and on his retirement he was living in the rented house owned by one Chandra Kumar. When he realized that theft of power is being committed by the landlord and the energy is being drawn illegally he felt concerned as a retired civil servant. He informed the higher authority so that suitable action could be taken. The above fact has been reflected in annexure-2 of the application. Soon thereafter a raid had been carried out on 9.11.2001 and an FIR came to be instituted against Chandan Kumar as well as against the present petitioner on the ground that even in the tenanted portion where he was living energy was being drawn illegally. Petitioner seems to have been arrested by the raiding party and subsequently released on bail. The landlord Chandan Kumar had escaped from the house and therefore he could not be arrested. Based on the FIR a case under Section 379 of the I.P.C. and Sections 39/44 of the Indian Electricity Act was instituted and a proceeding in the court below was initiated.