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2016 DAILYLAW 1763 (PAT)

North Bihar Power Distribution Company Ltd. v. State Of Bihar and Anr

CR. MISC./18332/2016 · 2026-06-23

Sunil Dutta Mishra

body2016

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18332 of 2016 Arising Out of PS. Case No.-220 Year-2013 Thana- BARAUNI District- Begusarai ====================================================== North Bihar Power Distribution Company Ltd. S/o Shri Sawarth Pathak Village P.O. - Lagunia Haripur Tailath, District - Samastipur, A/P posted at Electric Supply Division, Begusarai. ... ... Petitioner/s Versus 1. The State of Bihar 2. Pushpak Kumar son of Aman Kumar Singh resident of village - Keshawe, P.S. Barauni, District - Begusarai. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Giri, Advocate Mr. Mritunjay Harsh, Advocate For the State : Mr. J. Upadhyay, APP For the O.P. No. 2 : Mr. Gautam Kejriwal, Advocate Mr. Alok Kumar Jha, Advocate Mr. Mukund Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10 23-06-2026 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the O.P. No. 2. 2. This petition has been filed for quashing the order dated 26.09.2013 passed by learned Sessions Judge, Begusarai in Cr. Misc. No. 115 of 2013, arising out of Barauni Refinery P.S. Case No. 220 of 2013 under Section 135 of the Electricity Act. 3. Learned counsel for the petitioner submits that under Section 145 of the Electricity Act, 2003, the learned Civil Court has no jurisdiction to entertain the matter against the order Patna High Court CR. MISC. No.18332 of 2016(10) dt.23-06-2026 2/2 of an Assessing Officer or an Appellate Authority, however, the learned Sessions Judge has passed the impugned order, which is bad in law, and the order passed by the learned Sessions Judge in this case, cannot be taken precedent in other case. Learned counsel for the petitioner fairly submits that the case is pending for evidence and the same is related to the year 2013, which requires the expeditious disposal by the learned Trial Court. 4. Learned counsel for the O.P. No. 2 submits that O.P. No. 2 shall cooperate in expeditious disposal of the trial. 5. Learned counsel for the parties submit that this case may be disposed of with the direction to the learned Trial Court to expedite the disposal of the trial. 6. In view of the submissions of learned counsel for the parties and in the facts and circumstances of the case, this case stands disposed of with the direction to the learned Trial Court to expedite the disposal of the trial, in accordance with law. 7. Any interim order, passed in this Cr. Misc. Application, stands vacated. utkarsh/- (Sunil Dutta Mishra, J) U T