IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1207 of 2008 TARKESHWAR PRASAD & ANR Versus STATE OF BIHAR & ANR ----------- 2. 27.03.2009 The application was heard at the stage of admission. The petitioner seeks quashing of the F.I.R. under Danapur P.S. Case No.341 of 2008 under Sections 135/138 of the Indian Electricity Act against the two petitioners. The allegation in the F.I.R. was that the petitioners have their industrial establishment in Gola Road, Patna and that on 21.11.2008 the officials of the Electricity Department along with police force conducted a raid in the establishment regarding consumption of electricity and it was found that the electric meter had been tampered and thereby theft of electricity was being done. Vide seizure list, the tampered electric meter and PVC wires of 40 metes used in commission of the offence was seized. It is mentioned in the F.I.R. itself that the electric connection was in the name of deceased father of the two petitioners. The learned counsel for the petitioners submitted that electric connection was not in the name of petitioners. The learned standing counsel appering for the respondents submitted that the father has died and the two petitioners are running the establishment as heirs of deceased father. It is also submitted that in the petition, the petitioners have nowhere stated that they do not own the establishment in which theft of - 2 - electricity was being done. The learned counsel also says that it is also alleged in the F.I.R. that the two petitioners were present in the establishment but taking chance they escaped away during the raid. It is also submitted that a loss of Rs. 4, 50,000/- is alleged due to commission of the theft of the electricity. In view of this fact, I find no ground for quashing the F.I.R. as alleged. Accordingly, this writ petition fails, and is dismissed. (C.M. Prasad, J.) Ravi/-