SIDHESHWAR PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) None either on behalf of the Petitioner or the O.P. No. 2 appeared when the case was called out. However, learned Counsel for the State is present.

(2.) On perusal of the record, I do find that when the Petitioner, Assistant Electrical Engineer, Godda, conducted a raid in several houses in the area on 18.12.1999 along with other officials of the Electricity Board, opposite party No. 2 Indra Bahadur was found consuming electric energy stealthily and, therefore, an F.I.R. was lodged under Section 379 of Indian Penal Code and Sections 39/44 of the Indian Electricity Act against him.

(3.) After four days of lodgment of the said case, opposite party No. 2 complainant lodged a complaint case bearing No. P.C.R. No. 780 of 1999 against the Petitioner and other persons alleging therein that this Petitioner and others came to his place and abused his children and also took away 50 meters of electric wires, two switches etc. Said complaint was taken up for inquiry and after inquiry, the court did find prima facie case against the Petitioner and others under Sections 448/379 of Indian Penal Code and thereby summons were ordered to be issued vide order dated 16.12.2000.