MUKESH CHARAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BY this application, the petitioners have prayed for quashing the First Information Report in connection with Patratu PS Case No.173 of 2003 corresponding to G.R. Case No.2575 of 2003 lodged by the Assistant Electrical Engineer, Jharkhand State Electricity Board, Bhurkunda for an offence under Sections 379, 120(b) I.P.C. and Sections 39, 44, 135, 138 of the Electricity Act, 2003 .

(2.) IT appears that the a surprise inspection was conducted in the petitioners' premises in pursuance of a confidential information received by the Jharkhand State Electricity Board about large scale power theft alleged to have been committed by the petitioners' unit. On receipt of the information, the matter was referred to the D.I.G. of Police (Vigilance & Security), Jharkhand State Electricity Board, who after examining the matter, instructed that a raid be conducted in the petitioners' premises. From the F.I.R. it appears that a raiding party under the supervision of Deputy Inspector General of Police, comprising of two officers of the Chairman Cell of J.S.E.B., two officers of A.P.T. Cell, a Magistrate, Assistant Electrical Engineer and other officers conducted the inspection and the assistance was also taken from the Superintendent of Police, Hazaribagh who arranged the police force. On inspection, the inspecting team found that the seal bits of the secondary terminal box cover was tampered with and C.T. terminal shunted by flexible wire. Various other irregularities were also found. Accordingly, the First Information Report was lodged.

(3.) SO far the question of authority of the police officers to lodge F.I.R. is concerned, it was considered by the Division Bench of this Court in the case of M/s. Dayal Steels Ltd. V/s. State of Jharkhand & Ors. [AIR 2008 Jharkhand 105], wherein the Bench observed: