IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29360 of 2006 ANIL KUMAR SINGH Versus STATE OF BIHAR 18 22.3.2010 Mr. Alok Kumar, learned counsel prays time on the ground that the arguing counsel has gone out of station. It would appear from the record of this case that no one appeared on behalf of the petitioner on 29.4.2009 and 6.5.2009. Thereafter again at the behest of the petitioner, the case was adjourned on 20.5.2009 to be listed after summer vacation. On 8.2.2010, by way of last indulgence, this case was again adjourned to 22.2.2010. However, on 22.2.2010 this case was again adjourned for a week with a direction that if no one appeared, the matter will be decided on the basis of the materials available on the record. As such, this court proposes to dispose of this application. The instant application has been filed for quashing the F.I.R. of Kadam Kuan P.S. Case No.110 of 2004 dated 12.2.2004 for offence under sections 379 of the Penal Code and section 39/44 of the Electricity Act. It is alleged by the informant that under the instruction of high officials, he with the help of police escort raided the house of one Anil Kumar Singh and found four shops in his house namely(i) Chulha Ghar, (ii) G.D. Electricals, (iii) Usha Team Company and (iv) Kurshi Repairing Shop in his house. The raiding party noted that electric supply of those shops had already been disconnected earlier, but Anil Kumar Singh has allowed the said shopkeepers to consume electricity by supplying electricity from his domestic connection. It is 2 KHAN further alleged that there was previous dues of Rs.1,50,000/- of Electricity Board and in spite of that the shop keepers are consuming electrical energy. Thus, it was estimated that apart from the previous dues the Board sustained loss of Rs.90,000/-. In paragraph 8 of the writ petition, the petitioner stated that the allegation of theft of electric energy is totally false. It was further stated therein that two shops namely Chulha Ghar and G.D. Electricals belonged to the petitioner and both the shop-keepers are his tenants. The remaining two shops Usha Tea Company and Kursi Repairing Shop do not belong to the petitioner and he has no concern with the said two shops. The petitioner denies of having allowed any consumption of energy though his domestic supply. The petitioner further submits that the allegation of non-payment of electrical dues is incorrect. In fact, the Board had itself reduced the amount of dues to Rs.1,11,970.09 and the petitioner has already deposited a sum of Rs.54,990.00. Having considered the facts and circumstances of the case and in view of the prosecution case and materials on record, I am not inclined to quash the F.I.R. of Kadam Kuan P.S. Case No.110 of 2004 dated 12.2.2004. However, it would be open to the petitioner to raise all these points after completion of investigation or if he is aggrieved by any subsequent order. With the aforesaid liberty, this writ petition stands disposed of. (S.P.Singh,J)