IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39964 of 2009 RITA PANDEY, wife of Sharwan Kumar Pandey, Mohalla Saluganj, PS Bihar Sharif, District Nalanda – petitioner. Versus THE STATE OF BIHAR ----------- 3 18.2.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the Electricity Board. This application has been filed for quashing the order, dated 30.4.2005 passed by the Chief Judicial Magistrate, Nalanda in Bihar PS Case No. 201/2004, G.R. No. 1227 of 2004. The allegations against the petitioner are that she was utilizing her domestic electrical connection for commercial use and as such it has been stated on her behalf that it is not a case of theft, rather, she could, if at all be assessed under section 126 of the Electricity Act, 2003. Considering the submissions made on behalf of the petitioner, I quash the order of cognizance, dated 30.4.2005 as far as it concerns the petitioner. It is made clear that the Board will have the right to assess the petitioner for unauthorized use of the electricity. This application is allowed with the aforesaid observation. haque (Sheema Ali Khan, J.)