IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11397 of 2008 1. Lal Babu, son of Gouri Mehta, Mohalla Bahari Begumpur, Ps Chowk, District Patna. 2. Pawan Kumar Agrawal, son of Raj Kumar Modi, 3. Nageshwar Singh, son of Ram Vilas Singh, both of Mohalla Chowk, patna City, PS Chowk, Dist. Patna. 4. Vipul Kumar, son of Sikandar Mehta, Mohalla Chainpura, PS Chowk, Patna – petitioners. Vs. 1. The State of Bihar, 2 15.12.2009 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. This application has been filed quashing the F.I.R. of Rail P.S.Case No. 461/2004, including the order, dated 12.4.2007 by which cognizance has been taken for the offences under section 379 of the Penal Code and section 137 of the Electricity Act. In this case six persons were made accused; two of the accused persons Birendra and another moved this court for quashing in Cr. Misc. No. 23028/2007 which was disposed of by order, dated 7.12.2007. The Court has considered the entire aspects of the case had held that since the F.I.R. has been instituted by a person who was not authorized to do so under section 151 of the Electricity Act, 2003, the orders of cognizance is not sustainable in law and has quashed the proceedings. At this stage I may mention here that the petitioners have deposited the entire amount of Rs. 4000/- which was found to be due from him due to theft of electricity. In view of the aforesaid fact, the order, dated 12.4.2007 taking cognizance in Rail PS Case No. 461/2004 will be covered by 2 order passed in Cr. Misc. No. 23028 of 2007 referred to above. This application is allowed in terms of the order passed in the aforesaid case. haque (Sheema Ali Khan, J.)