Case Facts:
Patna High Court Cr.Misc. No.41201 of 2009 (08) dt.05-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41201 of 2009 ====================================================== Bijay Kumar Daruka @ Bijay Daruka .... .... Petitioner/s Versus State Of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. Mr. Anand K.Ojha Mr. Vinay Kirti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH ORAL ORDER 08 05-09-2012 This is an application for quashing the first information report lodged as Amarpur P. S. Case No.201 of 2009 under Banka District under [STATUTE] . and Section 135 of the Electricity Act, 2003. Heard learned counsel for the petitioner and learned counsel for the State. For commitment of theft of electric power, there can be no accusation under [STATUTE] , for which first information report is lodged, is the prayer of learned counsel for the petitioner. First Information Report is lodged on the basis of written application of Assistant Electrical Engineer, in which prayer is made to take action against the petitioner under Section 135 of the Electricity Act, 2003. At this stage the mistake appears committed by the police is mentioning [STATUTE] . in the formal first information report. Matter is/ was under investigation under what section charge sheet is submitted, is not before this Court nor it has appeared, under what section charge is framed. Grievance can be resolved at the stage of framing of the charge as under what section Patna High Court Cr.Misc. No.41201 of 2009 (08) dt.05-09-2012 charge is made out. It is kept open for the petitioner to raise the matter at appropriate stage. Accordingly, this quashing application is disposed of. Vikash/- (Mandhata 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.