Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 90609 (PAT)

Md. Shazad Alam @ Md. Shahzad Alam @ Md. Shahjad Alam v. The State of Bihar through the Principal Secretary, Department of HOme, Govt. of Bihar, Patna

CR. WJC/213/2025 · 2025-07-07

Sandeep Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.213 of 2025 Arising Out of PS. Case No.-375 Year-2023 Thana- AMAUR District- Purnia ====================================================== Md. Shazad Alam @ Md. Shahzad Alam @ Md. Shahjad Alam S/o- Md. Ashfaque Alam @ Md. Ashfaque Resident of Kharhia PS- Amour District- Purnea presently residing at Hazratganj Line Bazar PS-Sahayak Khazanchi District- Purnea ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Department of HOme, Govt. of Bihar, Patna Bihar 2. The Principal Secretary, Dept. of Home, Govt. of Bihar, Patna Bihar 3. The Director General of Police, Bihar, Patna Bihar 4. The Superintendent of Police, Purnea Bihar 5. The SHO Amour, Purnea Bihar 6. The Investigation Officer of Amour, Purnea Bihar 7. The North Bihar Power Distribution Company Ltd. thorugh its Chairman, Patna Bihar 8. The Chairman, North Bihar Power Distribution Company Ltd. thorugh its Chairman, Patna Bihar 9. The Assistant Electricity Engineer, Electricity Supply Sub Division, Amour, Purnea Bihar ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate : Mr. Fazle Karim, Advocate : Mr. Faizan Ahmad, Advocate For the Respondent/s : Mr.G.A.9 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 2 07-07-2025 Heard learned senior counsel for the petitioner and learned counsel for the State. 2. This application has been filed for seeking following reliefs: i. For quashing of the F.I.R of Amour P.S. Case no. 375 of 2023, dated 25.11.2023, registered for offence under section 135 of the Electricity Act, lodged against the petitioner being totally erroneous, illegal, malafide and not Patna High Court CR. WJC No.213 of 2025(2) dt.07-07-2025 2/2 sustainable in the eyes of law. ii. For holding that the Electricity Department and the police have erred in taking conclusion of commission of offence at the hands of the petitioner and on such conjectures and surmises having instituted the present case. iii. For issuance of an appropriate direction for initiating a detail enquiry of the occurrence and truth at the floor and bringing the culprit to book. 3. It has been submitted by the learned senior counsel for the petitioner that the electricity connection was in the name of one Md. Mustak, who was illegally using the electricity i.e. committing theft. The petitioner has been wrongly made accused in the case. 4. In these circumstances, this application is disposed of with a direction that proper investigation should be done in the case. 5. Till the submission of the charge-sheet, no coercive steps shall be taken against the petitioner in connection with Amour P.S. Case No.375 of 2023. 6. The petitioner will co-operate in the the investigation. anand/- (Sandeep Kumar, J) U T