North Bihar Power Distribution Company Ltd.versusState Of Bihar and Anr

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.18332 of 2016
                       Arising Out of PS. Case No.-220 Year-2013 Thana- BARAUNI District- Begusarai
                  ======================================================
                  North Bihar Power Distribution Company Ltd. S/o Shri Sawarth Pathak
                  Village P.O. - Lagunia Haripur Tailath, District - Samastipur, A/P posted at
                  Electric Supply Division, Begusarai.

                                                                                    ... ... Petitioner/s
                                                         Versus
            1.    The State of Bihar
            2.    Pushpak Kumar son of Aman Kumar Singh resident of village - Keshawe,
                  P.S. Barauni, District - Begusarai.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr. Sanjay Kumar Giri, Advocate
                                                    Mr. Mritunjay Harsh, Advocate
                  For the State            :        Mr. J. Upadhyay, APP
                  For the O.P. No. 2       :        Mr. Gautam Kejriwal, Advocate
                                                    Mr. Alok Kumar Jha, Advocate
                                                    Mr. Mukund Kumar, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                        ORAL ORDER

10   23-06-2026                        Heard learned counsel for the petitioner, learned

                    A.P.P. for the State and learned counsel for the O.P. No. 2.

                                  2. This petition has been filed for quashing the order

                    dated 26.09.2013 passed by learned Sessions Judge, Begusarai

                    in Cr. Misc. No. 115 of 2013, arising out of Barauni Refinery

                    P.S. Case No. 220 of 2013 under Section 135 of the Electricity

                    Act.

                                  3. Learned counsel for the petitioner submits that

                    under Section 145 of the Electricity Act, 2003, the learned Civil

                    Court has no jurisdiction to entertain the matter against the order
            Patna High Court CR. MISC. No.18332 of 2016(10) dt.23-06-2026
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                      of an Assessing Officer or an Appellate Authority, however, the

                      learned Sessions Judge has passed the impugned order, which is

                      bad in law, and the order passed by the learned Sessions Judge

                      in this case, cannot be taken precedent in other case. Learned

                      counsel for the petitioner fairly submits that the case is pending

                      for evidence and the same is related to the year 2013, which

                      requires the expeditious disposal by the learned Trial Court.

                                   4. Learned counsel for the O.P. No. 2 submits that

                      O.P. No. 2 shall cooperate in expeditious disposal of the trial.

                                   5. Learned counsel for the parties submit that this case

                      may be disposed of with the direction to the learned Trial Court

                      to expedite the disposal of the trial.

                                   6. In view of the submissions of learned counsel for

                      the parties and in the facts and circumstances of the case, this

                      case stands disposed of with the direction to the learned Trial

                      Court to expedite the disposal of the trial, in accordance with

                      law.

                                   7. Any interim order, passed in this Cr. Misc.

                      Application, stands vacated.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T