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2012 Supreme(Pat) 967

ADITYA KUMAR TRIVEDI
Sanjay Kumar Gupta – Appellant
Versus
Bihar State Electricity Board Patna – Respondent


Advocates Appeared:
For the Petitioner/s: Mr. B.K. Sinha, Sr. Adv., Mr. Jagdish Prasad, Adv., Mr. Indrajet Bhushan, Adv., Mr. Manish Kumar, Adv.
For the B.S.E.B.: Mr. Anand K. Ojha, Adv., Mr. Ashok Kumar Karn, Adv.

ORDER

Petitioner, Sanjay Kumar Gupta has prayed for issuance of writ / writs for quashing of the FIR of Kotwali P.S. Case No.640 of 2011, Special Electricity Case No.176 of 2011 registered under Section 135 of the Electricity Act, 2003 as well as for scraping the punitive bill furnished by Bihar State Electricity Board.

2. Md. Kamal Mustafa, Assistant Electrical Engineer had filed written report (Annexure-2) disclosing therein that after constituting raiding party consisting Arbind Kumar, Assistant Electrical Engineer, Pawan Kumar, Junior Engineer, Arbind Kumar Singh, Junior Engineer along with Executive Magistrate and Armed Forces conducted raid at the House No. 301 belonging to Sanjay Kumar Gupta, wherein for the present Stock Holding Corporation of India Limited is housed having Commercial Connection No.151150and found the meter tampered by having the seal broken as well as also found interlocking system of body of meter damaged and by this way he had opined that the consumer was stealthily consuming the electric energy on account of which Electricity Department had sustained loss to a tune of Rs.5,63,158/-.

3. Contention on behalf of the petitioner is that petitioner has got on













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