IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45507 of 2009 SAILESH KUMAR, SON OF SURYA DEO SAO, RESIDENT OF M.I.G. SECTOR-3, BLOCK NO. 6- FLAT NO. 23, BAHADUR PUR HOUSING COLONY, P.S. AGAM KUAN, DISTRICT PATNA. ---- PETITIONER Versus 1. THE STATE OF BIHAR. 2. NIKHILESH KUMAR, ASSISTANT ELECTRIC ENGINEER, BAHADUR PUR (HOUSING COLONY), DIVISION, BIHAR STATE ELECTRICITY BOARD, PATNA. ---- OPPOSITE PARTIES ----------- 2 19.2.2010 This application has been filed for quashing the First Information Report of Agam Kuan P.S. Case No. 196 of 2009 instituted under Section 135 of the Indian Electricity Act, 2003. The point raised on behalf of the petitioner is that the Assistant Engineer who has instituted the First Information Report does not have the power to do so under Section 151 of the Indian Electricity Act, 2003. Section 135 (1A) reads as follows: “(1A) Without prejudice to the provisions of this Act, the licensee or supplier, as the case may be, may, upon detection of such theft of electricity, immediately disconnect the supply of electricity: Provided that only such officer of the licensee or supplier, as authorized for the purpose by the Appropriate Commission or any other officer of the licensee or supplier, as the case may be, of the rank higher than the rank so authorized shall disconnect the supply line of electricity: Provided further that such officer of the licensee or supplier, as the case may be, shall lodge a complaint in writing relating to the commission of such offence in police station having jurisdiction within twenty four hour from the time of such disconnect:_______”. The Bihar Electricity Regulatory Commission has issued a notification vide memo no. 204 dated 4.6.2008 which reads as follows: 2 “In exercise of powers conferred by sub- Section (1A) of Section 135 of the Indian Electricity Act, 2003, as amended by the Bihar Electricity Regulatory Commission hereby authorizes Assistant Electrical Engineer, Bihar, State Electricity Board or any officer above the rank of Assistant Electrical Engineer of the Bihar State Electricity Board for the purpose of disconnecting the supply line of electricity where a theft of electricity is detected and such officer shall also be responsible for lodging complaint in police station having jurisdiction within 24 hours from the time of such disconnection.” In view of the fact that the Bihar Electricity Regulatory Commission has already authorized the Board and the Assistant Engineer to disconnect and file complaints in cases of theft of electricity, I do not find that there is any illegality in the lodging of the said case. In this case there is a clear cut notification and, therefore, this case is not covered by the decision of this Court in the case of Satendra Rai Vs. State of Bihar reported in 2009 (3) PLJR 767. I find no merit in this application. This application is dismissed. Sanjay (Sheema Ali Khan, J.)