G.L.OZA, V.BALAKRISHNA ERADI
Bihar State Electricity Board – Appellant
Versus
Nand Kishore Tamakhuwala – Respondent
JUDGMENT
OZA, J. :— This appeal arises in peculiar circumstances. A complaint was filed in the Court of the Sub-Divisional Judicial Magistrate, Sahibganj on 26th April, 1974. The complainant claimed to be the son of one of the partners of the firm M/s. Dhanraj Sagarmal Tamakhuwala which owned a flour mill at Sahibganj. The allegations made in the complaint were of failure of power supply for four days to the flour mill and the Bihar State Electricity Board and other officers were joined as accused persons and it was also alleged that it resulted in monetary loss to the flour mill. No particular act or omission of any particular officer or Board who were arrayed as accused persons was mentioned. The offences alleged were under S. 42(b) of the Indian Electricity Act, 1910 (Act for short) and Ss. 166 and 427 of the Indian Penal Code. Against the order of the learned Magistrate taking cognizance of the complaint, a petition was filed in the High Court under S. 482 of the Code of Criminal Procedure for quashing the prosecution.
2. A learned Judge of the High Court by his order dated November 29, 1976 quashed the proceedings against petitioners Nos. 2, 4 and 6 but rejected the prayer in r
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