SUCHIT KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the respondent no. 6.

(2.) This application under Article 226 of the Constitution of India has been filed by the petitioner for quashing the first information report (for short 'FIR') of Gaurichak P.S. Case No. 256 of 2018 registered under Ss. 279 and 427 of the Indian Penal Code (for short 'IPC') and sec. 139 of the Electricity Act, 2003.

(3.) Learned counsel appearing for the petitioner has submitted that even if the entire allegations made in the FIR are believed to be true, no case for investigation by the police is made out. He has submitted that on the admitted facts of the case, the essential ingredients to constitute an offence under Sec. 279 of the IPC are not attracted. Apart from Sec. 279 of the IPC, Sec. 427 of the IPC and sec. 139 of the Electricity Act, 2003 are non-cognizable offences. In view of the statutory bar provided under subsec. (2) of sec. 155 of the Code of Criminal Procedure, 1973 (for short 'CrPC'), the police have no authority to institute an FIR and investigate into the same when the offences alleged are non-cognizable.