RAM PRAVESH AGARWAL Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner, the counsel for the Jharkhand State Electricity Board and the counsel for the State.

(2.) THE petitioner has filed the instant criminal revision for setting aside the order dated 5.2.2010 passed by Shri Rakesh Kumar Mishra, Judicial Magistrte, 1st Class, Hazaribagh in connection with G.R. No.2037 of 2008 (arising out of Mandu (Kuju) P.S. Case No.222 of 2008), whereby and whereunder the said learned court has rejected the petitioners application for discharge under Section 239 of the Criminal Procedure Code.

(3.) THE counsel appearing for the petitioner has also submitted that the provision under Chapter -14 of the Electricity Supply Code Regulation, 2005, where the different procedure prescribed, has not been followed by the Opposite Parties. Furthermore, it is submitted that the petitioner has been ceased to be the Director of the Company in question since 10.2.2006. Therefore, according to Section 149 of the Electricity Act, the petitioner cannot be held responsible for the conduct or the business of the company. It is also contended that the company in question had approached this Court in W.P.(C) No. 3048 of 2008, and this Court vide its order dated 3.7.2008, directed the Board to restore the electric connection on the condition that if the company deposits a sum of Rs.10 Lacs, the line will be restored within 48 Hrs and such deposit will be subject to final assessment.