Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11771 of 2009 ====================================================== BRIJ NANDAN BHAGAT RESIDENT OF VILLAGE MOHANGANJ, POLICE STATION TARAPUR, DISTRICT MUNGER PROPRIETOR OF M/S BHAGWATI CHITRA MANDIR, TARAPUR, MUNGER. …. …. PETITIONER/S VERSUS 1. THE STATE OF BIHAR THROUGH THE DY SECRETARY CUM DIRECTOR GOVERNMENT. NAGAR VIKAS AND AWAS DEPARTMENT, BIHAR. 2. DISTRICT MANAGER CUM CINEMA MAGISTRATE, MUNGER 3. SUB DIVISIONAL OFFICER TARAPUR 4. CHAIRMAN, BIHAR STASTE ELECATRICITY BOARD, VIDUT BHAWAN PATNA 5. ELECTRICAL SUPT ENGINEER, ELECTRICAL SUPPLY CIRCLE 6. ELECTRICAL EXECUTIVE ENGINEER, ELE DIVISION, MUNGER 7. SRI SATENDRA KUMAR SINHA, ASSTT ELECTRICAL ENGINEER, TARAPUR, MUNGER. .... .... RESPONDENT/S ====================================================== Appearance : For the Petitioner/s : Mr. Shailendra Kumar Sinha For the Respondent/s : Mr. (AAG4) Mr. Anand K,Ojha Mr. Vinay Kirti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 4 12-04-2012 The petitioner prays for a direction to respondents for restoration of electric supply to his cinema hall, namely, M/s Bhagwati Chitra Mandir, Tarapur, Munger as on account of non- issuance of no objection certificate by the Electricity Department and violation of other terms and conditions, licence of the his Cinema Hall has been cancelled by the District Magistrate, Muzaffarpur vide order dated 26.9.2008, Annexure 2. The petitioner seeks restoration of electric supply to his Patna High Court CWJC No.11771 of 2009 (4) dt.12-04-2012 2 / 3 2 Cinema Hall. He had got licence in the year 1999 for exhibiting films. The District Magistrate cum licencing officer vide his order dated 2.1.2004 closed the cinema hall of the petitioner on the ground that there was violation of terms and conditions. Cinema hall of the petitioner remained closed from 2.1.2004 till 14.5.2008. It was reopened under temporary licence granted for a period of one year in terms of Rule 13B of the Bihar Cinema Regulation Act, 1974, issued under letter no. 1122/G approved by Nagar Vikash Awam Vibhag by Letter no. 2705 dated 26.5.2008. The District Magistrate, Munger vide order dated 26.9.2008 cancelled the licence of the petitioner vide Memo no. 2627 dated 26.9.2008, Annexure 2. The petitioner challenged the cancellation order in the court vide C.W.J.C.No. 17037 of 2008. The licence was cancelled on the ground that ‘No objection certificate’ earlier granted by the Electrical Inspector was valid only up to 17.9.2008 and thereafter he had not filed the renewed certificate. The learned Single judge noticed that the petitioner has already applied for renewal of certificate in time. The High court thus cancelled order cancelling the licence vide order dated 24.2.2009. The petitioner states that the respondents lodged an FIR giving rise to Tarapur Police Station Case No. 101 of 2008 under [STATUTE] and 39/40 of the Electric Patna High Court CWJC No.11771 of 2009 (4) dt.12-04-2012 3 / 3 3 Power Theft Act. The petitioner was granted anticipatory bail on 7.7.2009 with the condition that he would deposit the arrears in instalments. It was observed in the order that on deposit of first instalment of Rs. 15,000/- the electric line would be restored. The petitioner states that he had deposited first instalment, still the electric line was not restored. The petitioner submits that he has not received any bill from the respondents. The petitioner submits that the electric line has also not been restored. In the facts and circumstances of the case, the petitioner may file a detailed representation before respondent no.7 along with a copy of this order. Respondent no.7 would dispose of the representation by speaking order within a period of six weeks from the date of receipt of the same. The writ petition is disposed of with the aforesaid directions. Shashi. (Samarendra Pratap Singh, J)

Applicable IPC Section: 379

Statute Text:
Section 379 of the Indian Penal Code. Theft. Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.