Extracted from the PDF above. The PDF is authoritative.
19.08.2026 Item no. 8 Ct. No.237 AKG
C.R.R. 1916 of 2026 Akbar Khan Vs. The State of West Bengal & Anr. Mr. Apurba Kumar Datta …for the Petitioner
Mr. Kallol Mondal, Ld. P. P. Mr. Subir Ganguly, Mr. Sandeep Prasad Shaw …for the State
Mr. Aniket Mitra …for O.P. No. 2
Let the report filed by the State be kept with the records. The present application has been filed seeking quashing of the charge-sheet in Raniganj P.S. Charge-Sheet No. 217 of 2022 dated July 26, 2022, arising out of Raniganj Police Station Case No. 251 of 2022 dated April 27, 2022, under Sections 135(1)(a) and 135(1)(c) of the Electricity Act, 2003. The petitioner is Akbar Khan, son of Jalil Khan, residing at Moulavi Para, near Masjid, Police Station—Raniganj, District— Paschim Bardhaman, West Bengal. It appears that the West Bengal State Electricity Distribution Company Limited (WBSEDCL) lodged a complaint against one Akbar Khan, whose father's name was not disclosed, in respect of Consumer ID No. 501942903, alleging commission of an offence of theft of electricity punishable under Sections 135(1)(a) and 135(1)(c) of the Electricity Act, 2003. Pursuant to the said
2 complaint, the aforesaid case was registered as Raniganj Police Station Case No. 251 of 2022 dated April 27, 2022. Upon conclusion of the investigation, the Investigating Officer submitted a charge-sheet against the petitioner, namely, Akbar Khan, son of Late Jalil Khan. The petitioner contends that the allegation was, in fact, made against one Akbar Khan, son of Kader Khan, residing at Moulavi Para, near Masjid, Ballavpur, Police Station—Raniganj, District— Paschim Bardhaman, in respect of the commission of offences punishable under Sections 135(1)(a) and 135(1)(c) of the Electricity Act, 2003. Today, a report has been filed by the Deputy Commissioner of Police (Central), Asansol-Durgapur Police Commissionerate. It has been stated therein that the Investigating Officer, without ascertaining the identity of the person named as Akbar Khan in the First Information Report and the person associated with Consumer ID No. 501942903, submitted the charge-sheet against the present petitioner. The report further indicates that departmental proceedings have been initiated against the concerned Investigating Officer.
The report further discloses that, on August 17, 2026, the Inspector-in-Charge, Raniganj Police Station, submitted a prayer before the learned Judge, Special Court (Indian Electricity Act), Asansol, seeking permission to conduct further investigation under Section 173(8) of the Code of Criminal Procedure for the purpose of ascertaining the correct identity of the person against
3 whom the allegations were made and for recalling the warrant of arrest issued against the petitioner. In view of the aforesaid circumstances, the charge-sheet in Raniganj P.S. Charge-Sheet No. 217 of 2022 dated July 26, 2022, arising out of Raniganj Police Station Case No. 251 of 2022 dated April 27, 2022, under Sections 135(1)(a) and 135(1)(c) of the Electricity Act, 2003, stands quashed insofar as the present petitioner is concerned. The Investigating Agency shall proceed with the matter in accordance with law. Accordingly, CRR 1916 of 2026 is disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings. (Kausik Chanda, J.)