IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28586 of 2009 NAZRA BANO @ NAJMA KHATOON, MINOR DAUGHTER OF LATE MD. NASHRUDDIN UNDER THE GUARDIANSHIP OF HER MOTHER AND NATURAL GUARDIAN HAZARA WIDOW OF LATE MD. NASHRUDDIN, RESIDENT OF TIKIYA TOLI, P.S. KHAJEKALAN, DISTRICT PATNA. ---- PETITIONER Versus 1. THE STATE OF BIHAR 2. THE BIHAR STATE ELECTRICITY BOARD THROUGH ASSISTANT ELECTRICAL ENGINEER, ELECTRIC SUPPLY DIVISION, MEENA BAZAR, PATNA CIY, PATNA. ---- OPPOSITE PARTIES ----------- 3 20.5.2010 This application has been filed for quashing part of the First Information Report relating to Nazro Bano @ Najma Khatoon, daughter of late Nashruddin. The allegation for which Khajekalan P.S. Case No. 151 of 2009 was instituted under Section 135 of the Electricity Act indicates that at 2:30 p.m. the raiding party went to the house of the petitioner and it is alleged that they found that she has by-passed the meter and was running a “head machine”. This machine is used for making stoppers of nail polish. The said machine was on the roof of the said house of the petitioner. Learned counsel for the petitioner submits that admittedly the petitioner is a student of class IXth studying in M.A.A. Senior Secondary +2 School at Patna City. At the time when the raid was made except for the minor girl, nobody else was present in the house. The minor girl had just returned from school and it is alleged that she was running this machine which is unbelievable. It is further submitted that her father had died and the machine was lying in an unused condition on the top of the roof. The seizure list would indicate that the machine was not seized from the premises of the 2 house of the petitioner which also leads this Court to disbelieve the allegations viz a viz this petitioner is concerned. It is also submitted that the mother of the petitioner is a maid servant working in a private home and as such the story that the petitioner was running a machine illegally in the absence of any family member on the very face of the allegations appears to be doubtful. Counsel appearing on behalf of the opposite party submits that the First Information Report contains an allegation that the raiding party had visited the house of the petitioner along with the house of several other persons. As far as other persons are concerned, they have in a way accepted the guilt because some of them have also paid the fine levied on them. As far as this petitioner is concerned, this Court finds that the allegations are unbelievable and untrue, specially in view of the fact that the girl is hardly 14 to 15 years old and is a student. It is highly improbable and difficult to believe that she would be indulging in production of stoppers from the alleged “head machine.” In the result, this Court quashes only part of the First Information Report as far as it relates to Nazro Bano @ Najma Khatoon on the ground that the allegations are improbable and untrue. This application is allowed. Sanjay (Sheema Ali Khan, J.)