- (1.) HEARD Mr. Jaiswal, learned counsel appearing for the petitioner and Mr. V.P. Singh learned senior counsel for the opposite party no. 2.
(2.) IN the present application, the petitioner has prayed for quashing the order dated 26.5.2001 passed by learned Chief Judicial Magistrate, Palamau taking cognizance for the offence under Section 379 of the Indian Penal Code and Section 39/44 of the Indian Electricity Act, 1910. The facts in short giving rise to this application are that the first information report was lodged on 17.8.99 against the petitioner being Daltonganj Sadar P.S. Case No. 277 of 1999 alleging that the officers of the Electricity Board raided the house of the petitioner and found that the petitioner was illegally consuming electricity, after having direct connection from the pole to the meter with the help of five meter electric wire. It is further stated in the F.I.R. that the petitioner had already a Meter in the ground floor which was found to be in running condition. It is alleged that the said five meter wire was seized. The petitioner was arrested and the F.I.R. was lodged against him under Section 379 of the Indian Penal Code and 39/44 of the Indian Electricity Act. The police took up the investigation and submitted charge sheet against the petitioner for the aforesaid offences, on the basis of which, the learned Chief Judicial Magistrate took cognizance of the offences aforesaid against the petitioner.
(3.) THIS Court by order dated 21.3.2002 called for the case diary and notice was issued on the opposite party no. 2 i.e. the informant.;