Created by Fuzzy Cloud

Patna High Court

RAJ KUMAR SINGH @ RAJU KUMAR SINGHversusThe State of Bihar through the Chief Secretary, Govenment of Bihar, Patna.

Decided
Disposal
DISMISSED

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

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
                                            2/3




                          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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.