Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.986 of 2011 ====================================================== Keshav Prasad @ Ram Kishore Prasad, Son of Late Ram Prasad Garain, resident of Village-Dariyapur, P.S. Islampur, District-Nalanda. .... .... Petitioner Versus 1. The State Of Bihar, 2. The Superintendent of Police, Nalanda at Biharhsarif, 3. Thanadhyaksh (Station House Officer), Islampur P.S., District: Nalanda. 4. Assistant Electrical Engineer-cum- Assessment Officer, B.S.E.B., Islampur, District-Nalanda. .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Braj Kishore Prasad, Advocate. For the Respondents : Mr. Prakash Kumar & A.K.Ojha, Advocates (B.S.E.B.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 9 06-11-2012 In the present writ petition in paragraph-1, the petitioner has made the following prayers:- “ That this writ application is being filed; i) for quashing the entire criminal proceeding arising out of Islampur P.S.Case No.30/11 dated 8.3.2011 registered [STATUTE] zance dated 23.04.2011 under section 135 of Electricity Act by the Additional Chief Judicial Magistrate, Hilsa, District: Nalanda. ii) During the pendency of the present writ application, be pleased to release the 3 H.P. Electric Motor (Kirloskar) supplied by Minor Irrigation, Govt. of Bihar in the year 1970 to the petitioner’s father (Sri Ram Prasad Gorain) for irrigation of the agricultural land.” While the writ petition was pending before this Court an Interlocutory Application being I.A.No.805 of 2010 was filed Patna High Court CR. WJC No.986 of 2011 (9) dt.06-11-2012 2 on behalf of the petitioner, in which, the petitioner has prayed for the following reliefs in paragraph no.1:- “1. That this Interlocutory application is being filed for addition of following additional relief:- Additional Relief:- i) For quashing the final assessment order dated 14.3.2012 as contained in Annexure: 8, by which the provisional assessment has been confirmed by the Assessing Officer and required to make payment within 15 days by the petitioner. ii) During the pendency of the present writ application, further proceeding in the court below pending before the Judicial Magistrate, Ist Class, Hilsa in G.R.No.240/11/Tr.No. be stayed.” From the bare perusal of the FIR, it transpires that the petitioner was consuming electrical energy through direct hooking from main line of the Bihar State Electricity Board without meter as well as without legal service connection. In order to unearth the crime, a team of Special Task Force(STF) was constituted which found the petitioner running a rice mill by direct hooking from LT main line. Pursuant to the FIR, the police investigated the case and submitted its report under Section 173(2) of the Code of Criminal Procedure. The Magistrate before whom the report was laid by the investigating agency after perusing the chargesheet and the other documents annexed therewith took cognizance of the offence and summoned the petitioner by order dated 23.04.2011. It appears that the statutory authority in exercise of its Patna High Court CR. WJC No.986 of 2011 (9) dt.06-11-2012 3 powers conferred under Section 126 of the Electricity Act assessed the loss which has been challenged by the petitioner by filing an Interlocutory Application. Section 127 of The Electricity Act, 2003 enumerates that any person aggrieved by a final order made under Section 126 may, prefer an appeal to the appellate authority. The petitioner instead of challenging the assessment order under the statutory provisions has challenged the said order before this Court. Since there is an equal and efficacious statutory remedy available to the petitioner to challenge the order of assessment, I am not inclined to entertain the prayer made in I.A.No.805 of 2010. So far as the prayers made in the writ petition are concerned, I find no illegality in the F.I.R and thus the same cannot be quashed. So far as release of the Electric Motor is concerned, the petitioner may file application in this regard in the court below which may be considered and disposed of in accordance with law. I find no merit in the writ petition. It is dismissed, accordingly. B.Kr./- (Ashwani Kumar Singh, J)

Applicable IPC Section: 135

Statute Text:
Section 135 of the Indian Penal Code. Abetment of the desertion of an officer, soldier, sailor or airman. Whoever, abets the desertion of any officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.