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2025 DAILYLAW 18693 (PAT)

Ashok Kumar v. The Chairman-Cum- Managing Director, South Bihar Power Distribution Company Limited (SBPDCL)

CR. WJC/270/2025 · 2025-07-17

Sandeep Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.270 of 2025 Arising Out of PS. Case No.-445 Year-2024 Thana- DIDARGANJ District- Patna ====================================================== Ashok Kumar, S/O Sri Mundrika Prasad Singh Proprietor, Plastic Factory, Audyogik Parisar, Village- Gauharpur, Panchayat- Mahuli, P.S- Didarganj, District- Patna. ... ... Petitioner/s Versus 1. The Chairman-Cum- Managing Director, South Bihar Power Distribution Company Limited (SBPDCL) Vidyut Bhawan, Bailey Road, Patna-21. 2. The Managing Director, South Bihar Power Distribution Company Limited (SBPDCL) Vidyut Bhawan, Bailey Road, Patna-21. 3. The Chief Engineer, South Bihar Power Distribution Company Limited (SBPDCL) Vidyut Bhawan, Bailey Road, Patna-21. 4. Electrical Executive Engineer, Electric Supply Division, Fatuha (Patna) Bihar 5. Assistant Electrical Engineer, Electric Supply Sub-Division, Didarganj (Patna). Bihar ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shailendra Kumar Verma, Advocate For the Respondent/s : Mr. Vivek Prasad, Advocate For the SBPDCL : Mr. Dr. Anand Kumar, Advocate Mr. Rajan Prakash, Advocate Mr. Anuradha Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 2 17-07-2025 Heard learned counsel for the petitioner and learned counsel for the Electricity Company as well as learned counsel for the State. 2. The petitioner has been prayed for the following reliefs:- “A. For Quashing prosecution as well as F.I.R. against Petitioner pertaining to Didarganj P.S. Case No.-445/24 under Patna High Court CR. WJC No.270 of 2025(2) dt.17-07-2025 2/3 section 135 of Indian Electricity Act., 2003 pending in the court of Sri Nishit Deo, JMFC, Patna City. B. For installing either LTCT Meter so allegadly uprooted and seized by the informant or a fresh LTCT Meter in the Factory Premises of Petitioner and connecting therewith Main Service Wire for supply of electrical energy to the Factory Premises of Petitioner. Thus for allowing Electrical Energy to theFactory Premises of Petitioner to run the Plastic Factory of Petitioner so collapsed by the informant for earning his livelihood for himself and his family & children by protecting his rights to property, livelihood, life & personal liberty under Articles-300A, 19(g) & 21 of the Constitution of India pending disposal of this Writ Application. C. For staying operation of prosecution of Petitioner as well as his prosecution case i.e. Didarganj P.S. Case No.-445/24 before the Court below of Sri Nishit Deo, JMFC, Patna City by directing Respondent Authorities for taking no coercive step against the Petitioner or for not arresting Petitioner in the said Didarganj P.S. Case No.-445/24 pending disposal of this Writ Application.” 3. The petitioner wants this Court to examine the defence of the petitioner and quash the FIR, which is not permissible in law. 4. This application is dismissed with liberty to the Patna High Court CR. WJC No.270 of 2025(2) dt.17-07-2025 3/3 petitioner to raise all the grounds at an appropriate stage. khushbu/- (Sandeep Kumar, J) U T