AZAD CHANDRA SHEKHAR PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned Counsel appearing for the parties.

(2.) By this application, the petitioner has prayed for quashing the order of cognizance dated 31.8.2005 by which, the Chief Judicial Magistrate, Ranchi took cognizance of the offence under Sec. 379 Indian Penal Code and Sections 33/34 of the Electricity Act.

(3.) The facts, which were not disputed, are that the Assistant Engineer lodged a First Information Report on 4.3.2002 alleging inter alia that on inspection made by him on 2.3.2002. he found the petitioner committing theft of electricity by hooking. A criminal case was instituted on 4.3.2002 and the impugned order of cognizance was passed on 31.8.2005.