Case Facts:
Patna High Court Cr.Misc. No.15997 of 2011 (3) dt.28-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15997 of 2011 ====================================================== 1. Kusheshwar Yadav S/O Late Ram Bhajju Yadav R/O Village - Gosaigaon, P.O. Dhanadobh, Police Station Ghoshwari, District - Patna .... .... Petitioner/s Versus 1. The State Of Bihar Null Null .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. S.N. Singh, Adv. For the BSEB : Mr. Vijay Kumar Verma, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 3 28-08-2012 Heard learned counsel for the petitioner and the State. In this case petitioner is making a prayer for quashing the cognizance order dated 17th February 2011 passed in Ghoswari P.S.Case No. 71 of 2010 whereby and whereunder the court below has taken cognizance [STATUTE] d was conducted in the premises of the petitioner on 30th December 2010 where it was found that the petitioner was using electric power under L.T. Category from the main line through hook and running a Mill having a Motor of 7.5 HP. The Meter was seized and it was found that this way, the Bihar State Electricity Board has suffered a loss of Rs. 2,27,496.92 . In the FIR it has been alleged that the petitioner was a consumer vide Con. No. M-3232 having an arrear of Rs.34,090.54 Patna High Court Cr.Misc. No.15997 of 2011 (3) dt.28-08-2012 and the power was disconnected due to the same. The petitioner was committing theft of electricity. Petitioner is challenging the order on the ground that the authorities have wrongly assessed the amount of loss which is on the very higher side, though it should be in the lower side. He further submits that he is ready to deposit the money, if proper assessment is made by the authorities concerned as provided [STATUTE] Board had challenged the argument of the petitioner. He submitted that the petitioner was consuming power through illegal method by applying the process of hook and the action cannot be said to be of civil nature, rather it is completely a criminal act. Even after disconnection, he was running the Mill. He further submits that under the Electricity Act, 2003 this nature of case has been made compoundable. If the petitioner is ready to deposit the money along with compounding fee and he can file an application before the court below, the court below may pass appropriate order. Having considered the rival contention of the parties, this Court is not going to decide as to whether the assessment was a right or wrong assessment, but from the allegation made in the FIR prima facie it appears the petitioner was illegally consuming Patna High Court Cr.Misc. No.15997 of 2011 (3) dt.28-08-2012 power and, as such, that Section 135 of the Act will be applicable and the petitioner can take appropriate steps in the court below, as provided under the Electricity Act, 2003. Accordingly, this petition is dismissed. However, if any application is filed, it is expected that the court below will dispose of the petition expeditiously. Jay/- (Shivaji Pandey, J)

Applicable IPC Section: 126

Statute Text:
Section 126 of the Indian Penal Code. Committing depredation On the territories of any power in alliance or at peace with the Government of India. Whoever commits depredation, or makes preparations to commit depredation, on the territories of any Power in alliance or at peace with the Government of India, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of any property used or intended to be used in committing such depredation, or acquired by such depredation.