D.K.SINHA,J. - (1.) The petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India for quashment of the F.I.R. related to Bariatu P.S. Case No.80 of 2008 corresponding to G.R.No.1910 of 2008 instituted for the alleged offence under Section 135 of the Electricity Act, 2003 pending in the Court of C.J.M., Ranchi. The petitioner further requested for direction upon the Respondent Nos. 2 & 3 to reinstall the meter No.MOR -1549 which was in the name of his father Shatrughan Oraon, H.S. Road, Morabadi as the meter was illegally seized by the Respondent No.3 at the time of conducting raids and to declare that the allegation of revenue loss of Rs.5,06,121/ -against the petitioner was arbitrary, illegal and tainted with mala fide design being the fictitious claim. Yet, the Counsel for the petitioner has mainly pressed for the quashment of the F.I.R., which was instituted against the petitioner Mahesh Oraon and therefore other reliefs as sought for are not being considered.
(2.) THE factual matrix of the instant case which stands narrated in the written report of the informant -Respondent No.3 presented before the Bariatu police on 20.05.2008 was that the raiding party of the Jharkhand State Electricity Board (hereinafter referred to as Electricity Board) had conducted raids at different places on tip off. The raiding party was consisting of Ashok Kumar (Junior Engineer), Kaushal Kumar Srivastava (Junior Engineer), members of the Special Task Force and the armed police of Bariatu Police Station besides, the informant Nathan Rajak, Assistant Electrical Engineer (R.M.C.H.) Electric Supply SubDivision, Bariatu, Ranchi who led the party. It was alleged that in course of raid at the Ice Factory the petitioner was found running the ice factory by illegally taping the power supply line with the help of hook consuming load of 21 H.P. and thereby caused loss to the J.S.E.B. assessed to the tune of Rs.5,06,121/ -. The informant respondent alleged that electric supply to the Ice Factory vide Consumer No. KLT. -3 -MOR -1547 was disconnected against standing dues of Rs.97,347/ -. The informant instituted criminal case by the common written report against several persons in the same sequence for the alleged electricity theft. The defence of the petitioner before the Court of C.J.M. was that he was not the proprietor of the Ice Factory as it was running in the name of his father Shatrughan Oraon who was the real owner and that though his bail was refused by the C.J.M., Ranchi but it was considered by the Judicial Commissioner, Ranchi on condition of payment of a sum of Rs.2,50,000/ -with the Electricity Board and to deposit the balance amount within 1 1/2 months in B.P.No.508/08 (Annexure -2). The prosecution admitted that electric connection was given to the consumer in the name of the father of the petitioner Shatrughan Oraon vide Consumer No. KLT -3 -MOR 1547 for running the Ice Factory and during electricity consumption in the Ice Factory a sum of Rs.97,347/ -fell due to the consumer. It was clarified that the electricity which was supplied fell in the category of LT -18 and 21. The consumer Shatrughan Oraon through the bill No.19 dated 14.12.2007 was called upon to clear the said dues till 29.12.2007. The learned Counsel submitted that as per terms of agreement between the consumer Shatrughan Oraon and the J.S.E.B. dated 29th March, 2003 the latter (Electricity Board) agreed to supply electricity under Industrial Consumption Policy (Annexure -4) in the Plot No. 43 appertaining to Khata No.1402, Morabadi where Shatrughan Oraon was running an Ice Factory. The learned Counsel pointed out that prior to the said agreement there was separate agreement and the Electrical Executive Engineer, Urban Electric Supply Division No.II, Ranchi through its letter No.1341 dated 20.05.2002 sanctioned electric supply of 21H.P. to Shatrughan Oraon on certain terms and conditions (Annexure5).
(3.) LEARNED Counsel further explained that for the realization of the amount due to the tune of Rs.97,347/ -, a Certificate Case No. 742/2007 -08 was initiated against the father of the petitioner Shatrughan Oraon before Certificate Officer and on receiving notice the consumer Shatrughan Oraon deposited the entire dues through Bank Draft No.61537 dated 25.06.2008 against the receipt (Annexure -6). During the raid conducted in the leadership of the informant respondent the meter as installed in the ice factory was in running condition duly sealed and its final reading was recorded 63180 KWH but the meter was broken and removed by the raiding party on the instance of the informant Respondent No.3 and a certificate to such effect was given to the consumer Shatrughan Oraon (Annexure -7).;