Patna High Court
Vinay Kumar MishraversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SOURENDRA PANDEY
Holding
The FIR and all criminal proceedings arising therefrom are quashed as they constitute an abuse of the process of law.
Summary
The petitioner, Vinay Kumar Mishra, filed an application to quash FIR No. 742 of 2023 dated 22‑09‑2023, which alleged offences under Section 135 of the Electricity Act, 2003. The FIR incorrectly named the petitioner while the alleged offender was actually his brother, Ashwani Kumar Mishra, who had re‑connected a disconnected LT line and later deposited the due amount. The petitioner argued that the case was compoundable, no case was made out against him, and the proceeding amounted to an abuse of process. Relying on the Supreme Court’s decision in State of Haryana v. Bhajan Lal (AIR 1992 SC 604), the Court held that continuing the criminal proceeding would be an abuse of law. Consequently, the Court quashed the FIR and all related criminal proceedings, allowing the petition.
Issues considered
- Whether the FIR can be quashed on the ground of abuse of process of law when the petitioner is not the actual offender.
- Whether the alleged offence under Section 135 of the Electricity Act, 2003 is compoundable.
- Whether continuation of the criminal proceeding would contravene the principle laid down in State of Haryana v. Bhajan Lal.
Legislation cited
- Electricity Act, 2003 — s. 135
Subjects
- electricity theft
- Section 135 Electricity Act
- quashment of FIR
- abuse of process
- compoundable offence
- false case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5626 of 2024
Arising Out of PS. Case No.-742 Year-2023 Thana- SITAMARHI District- Sitamarhi
======================================================
Vinay Kumar Mishra SON OF Late Vishwanath Mishra Resident Of Village-
Old Exchange Road, Ward No. 10, Bhawdepur, Sitamarhi, Ps- Sitamarhi,
Dist- Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar BIHAR
2. Rajiv Ranjan Son Of Late Uday Pratap Singh Resident Of Village- Presently
Posted As Junior Electrical Engineer, Electric Supply Sub- Division-1,
Sitamarhi, Po And Ps- Sitamarhi, Dist- Sitamarhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pushpendra Kumar Singh, Adv.
For the Opposite Party/s : Mr. Shreekant Sharan Siya, Adv.
For the State : Mrs. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 10-02-2026 Heard learned counsel for the petitioner, learned
counsel for the O.P. No. 2 and learned A.P.P. for the State.
2. The petitioner has made the following prayer in this
application :-
“That, this application on behalf of the
petitioner above named is for quashing of
the First Information of Sitamarhi P.S.
Case No.742 of 2023 dated 22.09.2023, in
respect whereof a written report was filed
by the informant Opposite-party no.2
before the Station Head Officer of
Sitamarhi Police Station attributing
Patna High Court CR. MISC. No.5626 of 2024(3) dt.10-02-2026
2/3
offences under Section 135 of the
Electricity Act, 2003, pending in the court
of learned Special Judge, Electricity,
Muzaffarpur.”
3. Having heard the learned counsel for the parties
and perused the record, the present case is to be a updated case
of misuse of path as despite the F.I.R. stating that it was the
brother of the petitioner namely, Ashwani Kumar Mishra who
was found to have connected LT line despite his connection
having been disconnected way back on 22.02.2023 and there
was theft being committed by Ashwani Kumar Mishra but for
reasons best known to the authorities in the column of the
accused only the name of the Vinay Kumar Mishra is found
mentioned. It has been found that the said Ashwani Kumar
Mishra has also deposited the entire amount which has been
brought on record through counter affidavit.
4. The submission made on behalf of the learned
counsel for the petitioner that not only the case is
compoundable, there is no case being made out against the
petitioner and this is a fit example of abuse of the process of law
by lodging a false and concocted case against the petitioner
against whom even in the F.I.R., no case is being made out.
5. In view of the aforesaid settled proposition of law
Patna High Court CR. MISC. No.5626 of 2024(3) dt.10-02-2026
3/3
as observed by the Hon’ble Supreme Court in the case of State
of Haryana and Ors. Vs. Ch. Bhajan Lal and Ors., reported in
AIR 1992 SC 604, the continuation of the criminal proceeding
would amount to abuse of the process of law.
6. In view of the aforesaid submission, the order dated
22.09.2023 as well as the entire criminal proceedings arising out
of Sitamarhi P. S. Case No. 742 of 2023, is, hereby, quashed as
against the petitioner.
7. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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