IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.152 of 2009 1. JAGDISH SAH 2. Chhote Sah @ Chhote Lal Sah both sons of Hari Sah 1 and 2, resident of village Jhurkusia, P.S. Tshipur Barahat, Dist. Bhagalpur. 3. Suresh Sah @ Suresh Prasad Sah son of late Gopi Sah, Resident of village Barmasia, P.S. Tshipur Barahat, Dist. Bhagalpur ……..Petitioners Versus 1. STATE OF BIHAR & ORS 2.The District Magistrate, Bhagalpur, Dist. Bhagalpur. 3. The Superintendent of Police Bhagalpur, Dist. Bhagalpur. 4. The Superintending Engineer, Electric Supply Division Bhagalpur, Dist. Bhagalpur. 5. The Executive Engineer Electric Supply Division, Bhagalpur, Dist. Bhagalpur. 6. The Incharge Assistant ElecticEngineer, Electric Supply, Subdivision Kahalgaon. Dist. Bhagalpur. 7. The Officer Incharge Issipur Barahat, P.S. Dist. Bhagalpur. ……Respondents. ----------- 2 18.4.2009 This application has been filed for quashing the first information report registered in Ishipur P.S. case no. 99 of 2008 under section 379 of the read with section 135 of the Electricity Act 2003. The allegation was that a raid was conducted and it was found that the petitioners were operating 5 H.P. motor by connecting two phase L.T. line illegally and has thus caused a huge loss to the Electric Department It is contended on behalf of the petitioners that petitioners were not present at the time of raid nor any independent witness has been examined. The respondent in collusion with the police officer has lodged this case. It is also contended that there is no electric supply in the village due to defect in transformer and in spite of that false case has been lodged. I am of the view that the investigation of the case is still on and if the allegations are found to be true or not and final report whether - 2 - charge sheet has been submitted and if cognizance is taken in the case they may avail the appropriate remedy available to them in law at the appropriate stage but at this stage the F.I.R. cannot be quashed and investigation can not be stayed at its inception. . I do not find any merit in this application and the same is dismissed. (J.B. Koshy, CJ) Rahman/