Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 4375 of 2011 ================================================== Mantu Sah @ Rajiv Kumar Sah, Son of Krishnanandan Sah, residents of village – Maharajganj, Police Station – Jamui, District – Jamui. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 4. 08-10-2012 Heard Sri Bindhyachal Singh, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of the F.I.R. in Jamui P. S. Case No. 261 of 2010, registered for the offence under [STATUTE] and Sections 39, 44, 135 and 142 of the Electricity Act. Initially, learned counsel for the petitioner argued that under the provision of Electricity Act, the complaint petition was required to be filed, but in this case, an F.I.R. was lodged. He submits that from perusal of F.I.R. itself, it is evident that false case was instituted. Learned Addl. Public Prosecutor submits that the question, which has been raised by the learned counsel Patna High Court Cr.Misc. No.4375 of 2011 (4) dt.08-10-2012 2 / 2 2 for the petitioner that F.I.R. may not be lodged, is not sustainable in the eye of law, due to the reason that Electricity Act has already been amended long back, in which, F.I.R. can also be filed for the offence of theft of electricity. After hearing the parties and considering the fact and circumstances, the Court is of the opinion that there is no illegality in the F.I.R. If so advised, the petitioner may raise all the points at appropriate stage. The petition stands dismissed. Anay (Rakesh Kumar, 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.