Patna High Court
RAJ KUMAR SINGH @ RAJU KUMAR SINGHversusThe State of Bihar through the Chief Secretary, Govenment of Bihar, Patna.
- Decided
- Disposal
- DISMISSED
- Bench
- ARUN KUMAR JHA
Holding
The FIR under Section 135 of the Electricity Act cannot be quashed as the petitioner failed to satisfy the criteria for malicious prosecution under the State of Haryana v. Bhajan Lal guidelines.
Summary
The petitioner, Raj Kumar Singh, filed a writ petition seeking quash of an FIR registered under Section 135 of the Electricity Act, 2003 alleging electricity theft, a stay of the special court proceedings, and direction to provide an electricity connection and meter. He claimed the FIR was false, that he had applied for a legal connection and was ready to pay the alleged theft amount of Rs.9,564. The State contended that the FIR clearly indicated illegal tapping. The Court examined the record and found no evidence of malicious prosecution or abuse of process as required by the State of Haryana v. Bhajan Lal guidelines. Consequently, the Court held that the FIR could not be quashed and dismissed the writ petition.
Issues considered
- Whether the FIR under Section 135 of the Electricity Act, 2003 can be quashed on the ground of malicious prosecution or false allegation.
- Whether the guidelines laid down in State of Haryana v. Bhajan Lal are applicable to the present petition.
- Whether the petitioner is entitled to a stay of the special court proceedings and direction for immediate electricity connection and meter.
Legislation cited
- Electricity Act, 2003 — s. 135
Subjects
- electricity theft
- FIR quash
- Section 135 Electricity Act
- malicious prosecution
- writ petition
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.660 of 2022
Arising Out of PS. Case No.-113 Year-2022 Thana- CHAPRA TOWN District- Saran
======================================================
Raj Kumar Singh @ Raju Kumar Singh Son of Sri Rajendra Singh, Resident
of Village/Mohalla - East Rauza, Police Station- Chapra Town, District -
Saran at Chapra.
... ... Petitioner
Versus
1. The State of Bihar through the Chief Secretary, Govenment of Bihar, Patna.
Bihar
2. The Principal Secretary, Electric Department, Government of Bihar, Patna.
Bihar
3. The Managing Director, NBPDCL, Vidyut Bhawan, Bailey Road, Patna.
Bihar
4. The Secretary of Electricity Board, Patna. Bihar
5. The Executive Engineer, North Bihar Power Distribution Companey Ltd.
Muzaffarpur. Bihar
6. The Sub Divisional officer, Branch Telpa Bihar
7. Sri Santosh Sawant Son of Babu Lal Goshwami Resident of Village -
Dhaniya bagicha, Police Station- Delha, District - Gaya (Junior Engineer).
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Sudama Kumar, Advocate
For the State : Mr. Subhash Prasad Singh, GP-10
For the Electricity Board : Mr. Sanjay Kr. Giri, Advocate
Ms. Shaambhavi Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
5 20-01-2026 Heard the parties.
2. The present petition has been filed by the
petitioner seeking following reliefs:
“(i) To quash the FIR of Chapra Town P.S.
Case No. 113 of 2022 dated 18.02.2022 offences
under Sections 135 of the Electricity Act, 2003.
(ii) To stay the further proceeding of Special
Case No. 710 of 2022, which is pending before
P.O. Special Court, pesu Area, Muzaffarpur.
(iii) For direction may be given to the
Patna High Court CR. WJC No.660 of 2022(5) dt.20-01-2026
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respondents to provided the electricity connection
and meter immediately.
(iv) Any other relief / reliefs which may be
given to the petitioner which is permissible in the
eyes of law.”
3. Briefly stated, the facts of the case as appears
from the record are that Saran Town P.S. Case No. 113 of 2022
has been registered under Section 135 of the Electricity Act
against the petitioner with an allegation that he has been
committing theft of electricity by illegally tapping connection
from the pole and caused loss to the electricity company to the
tune of Rs. 9564/-. It is further alleged that on the premises of
the petitioner, there has been earlier dues of Rs. 68,993/- for
non-payment of which, the electric supply of the premises was
disconnected.
4. Learned counsel for the petitioner submits that
the allegations against the petitioner are concocted and false.
After partition, the petitioner has constructed the house on his
share of land and applied for electric connection and the
connection was provided to the petitioner on 19.12.2019. The
petitioner requested the Department to provide electricity meter
and bill, but the electricity company did not consider his request
and rather they came to the premises of the petitioner and
lodged the false FIR against him. Learned counsel further
Patna High Court CR. WJC No.660 of 2022(5) dt.20-01-2026
3/3
submits that petitioner is ready to pay the theft amount of Rs.
9564/-, but the same is not being considered by the Electricity
Department.
5. Learned counsel appearing on behalf of the State
respondent vehemently opposes the submission made on behalf
of the petitioner and submits that from the bare perusal of the
FIR, it is clear that the petitioner was found committing theft of
electricity by tapping the electricity connection from the pole.
6. Perused the records.
7. From perusal of the records I find that petitioner
is facing allegation of theft of electricity. There is no material on
record to show that it is a case of malicious prosecution or the
FIR has been lodged with false allegation or it is an abuse of
process of law. Since no ingredients are present in terms of
guidelines of State of Haryana v. Bhajan Lal reported in 1992
Supp(1) SCC 335 in the present case, I do not think the FIR
could be quashed.
8. Therefore, finding no merit in the present writ
petition, the same is dismissed.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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