IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.52437 of 2008 Manik Lal Prasad @ Karu Sao son of late Mahendra Sao, resident of Mohalla-Station Road, Gauichak, P.O. and P.S.-Khusrupur, District-Patna. ........Petitioner Versus State Of Bihar. .......Opposite Party ------------------- For Petitioner :- Mr. Uma Shankar, Adv. Mr. Nityanand Sharma, Adv. For State :- Mr. Jharkhandi Upadhayay ------------ 02 23.11.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner has approached this Court under section 482 of Criminal Procedure Code for quashing the order dated 15.04.2008, passed in Khusrupur P.S. Case No. 20 of 2007 by the learned Sub Divisional Judicial Magistrate, Patna City, whereby the learned Sub Divisional Judicial Magistrate has taken the cognizance of the offence against the two accused including the petitioner under section 135 of the Electricity Act. The learned counsel appearing on behalf of petitioner submits that, in fact, the petitioner was running his oil mill with the help of generator, which has come in the course of investigation. He further submits that petitioner has been falsely implicated in this case because the petitioner had applied for electronic connection on 27.02.2007 and the petitioner could not fulfill the demand of the Electricity Department. From perusal of the impugned order dated 15.04.2008, it appears that the learned Sub Divisional Judicial Magistrate on 2 perusal of the case diary arrived at conclusion that there is sufficient material in the case diary for taking cognizance of the offence under section 135 of the Electricity Act against accused Shivji Yadav and petitioner. There is nothing in the impugned order to show any illegality amounting to abuse of the process of the Court. As far as the submission of the learned counsel appearing on behalf of petitioner is concerned, the petitioner would be at liberty to raise the defence at the appropriate stage in trial Court. Accordingly, this application stands dismissed. Safik (Rajendra Kumar Mishra, J.)