Case Facts:
Patna High Court Cr.Misc. No.10871 of 2011 (3) dt.19-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10871 of 2011 ====================================================== 1. Sunil Kumar S/O Late Raj Ballabh Singh Resident Of Village + Post Kunjwa, P.S.- Bihta, District- Patna .... .... Petitioner/s Versus 1. The Chairman Bihar State Electricty Board Patna 2. The Executive Engineer (Electric) Sub Division , Bihar Patna. 3. The Assistant Engineer (Electric) Sub Division , Bihar Patna. 4. The Junior Engineer (Electric) Electrical Supply Branch, Fathua, Patna 5. The Officer In Charge Cum Police Sub Inspector Bihta Station, Bihta, Patna 6. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 3 19-07-2012 Heard learned counsel for the petitioner, for the State and for the Electricity Board. In this case petitioner is challenging the FIR of Bihta P.S. case no. 222 of 2010 where the case instituted [STATUTE] (amended in 2007). From the FIR it appears that the Junior Engineer of the Electricity Board raided the Kunjawa village, P.S.Bihta where it was found that Sunil Kumar son of Late Braj Balabh Singh has illegally taken electricity keeping a motor of 10 HP and thereby caused loss of Rs.1,67,168/- as by that connection he was running a flour mill and thereby committed theft of electricity which constituted Patna High Court Cr.Misc. No.10871 of 2011 (3) dt.19-07-2012 offence under [STATUTE] and 135 of the Indian Electricity Act. Counsel for the petitioner submitted that the Police has wrongly instituted the FIR [STATUTE] special Act which deals with the matter of consumers who are committing theft of electricity and Section 135 of the Act onwards deals with the theft of electricity by consumers or non-consumers and, as such, there is no need of [STATUTE] and in support of his contention, he has relied on a judgment reported in 2012 (2) PLJR 229 (Rosmat Swaran vs. State of Bihar. This Court at this stage is not inclined to interfere with the FIR but if the petitioner files an application in the court below after taking cognizance, the court below will pass the order without being prejudiced by this order considering the fact that committing of theft of electricity has been completely covered in the Indian Electricity Act, 2003 (amended in 2007) and has been made compoundable on payment of compoundable fee provided under the Act. With this observation, this petition is disposed of. Jay/- (Shivaji Pandey, 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.