SURESHWAR PRASAD NARAYAN SHAHI @ SURESHWAR NARAYAN PRASAD SHAHI@ SURESHWAR NARAYANversusThe State of Bihar

     IN THE HIGH COURT OF JUDICATURE AT PATNA
                CRIMINAL MISCELLANEOUS No.68658 of 2021
     Arising out of PS. Case No.-260 Year-2013 Thana- KADAMKUAN District- Patna
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Sureshwar Prasad Narayan Shahi @ Sureshwar Narayan Prasad Shahi @
Sureshwar Narayan, Son of Late R.P. Narayan Shahi, Resident of Village -
Madhaul, P.S. - Saraiya, Distt.- Muzaffarpur- 843127.

                                                                 ... ... Petitioner/s
                                      Versus
The State of Bihar & Anr.

                                       ... ... Opposite Party/s
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Appearance :
For the Petitioner/s     :       Mr. Shekhar Singh, Senior Advocate
                         :       Ms. Shambhavi Singh, Advocate
                         :       Mr. Avinash Kr. Singh, Advocate
For the State            :       Mr. Umesh Lal Verma, APP
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CORAM: HONOURABLE MR. JUSTICE ANSUL
                ORAL JUDGMENT
 Date : 05-05-2026

                Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

                2. Petitioner seeks quashing of the order of cognizance

dated 22.01.2021 passed by learned Special Judge, PESU Area,

Patna in Special Case No. 704 of 2013 (Kadamkuan P.S. Case No.

260 of 2013) by which he has taken cognizance against the

petitioner for the offences u/s 135 of the Electricity Act.

                3. The allegation in the FIR is that on 22.07.2013 at 2:00

P.M. a raid was conducted in the house of the petitioner situated at

Bakarganj, Patna. Fifteen meters of wire was seized. The

allegation is that the petitioner was illegally getting electricity

from a pole by fixing a hook of the wire. After institution of the
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FIR, the police submitted final form on the ground that the

distance of the house of the petitioner from the alleged pole was

100 meters and only 15 meters wire was seized. Moreover, the

petitioner had paid the part of the bill till September, 2013. The

learned Sessions Judge passed the order taking cognizance of

22.01.2021 without considering the aforesaid facts.

          4. It is submitted by learned counsel for the petitioner

that the investigation by the police is a statutory function and same

cannot be brushed aside lightly. He also submits that in case once

the police has submitted final form and the Magistrate has to differ

with final form then he must assign reasons otherwise the same

would amount to complete non-consideration of the police report

which is statutory responsibility of the police.

          5. Perusal of the impugned order would show that no

reasons have been assigned for differing with the final form

submitted by the police.

          6. Learned Additional Public Prosecutor for the State

has vehemently opposed the quashing of the order of cognizance

dated 22.01.2021.

          7. In such view of the matter, the order of cognizance

dated 22.01.2021 passed by learned Special Judge, PESU Area,

Patna in Special Case No. 704 of 2013 (Kadamkuan P.S. Case No.
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                    260 of 2013) by which he has taken cognizance against the

                    petitioner for the offences u/s 135 of the Electricity Act is quashed

                    so far as the petitioner is concerned.

                              8. Accordingly, the present petition is allowed.



                                                     (Ansul, J)
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