The Bihar State Electricity Board (hereinafter referred to as the “Board”) has preferred this application under Section 482 of the Code of Criminal Procedure with a prayer to quash an order dated 6/8/2009 passed by the learned Chief Judicial, Magistrate, Lakhisarai, in Lakhisarai P.S. Case No. 38 of 2009 (G.R. No. 85 of 2009) registered for the offence under Section 420, 379, 34 of the Indian Penal Code and Section 135 of the Electricity Act, 2003. The petitioner, has further prayed for directing for further investigation in the case.

2. Short fact of the case is that on the basis of written report submitted by the Assistant Electrical Engineer, Electric Supply Sub Division, Lakhisarai an FIR vide Lakhisarai P.S. Case No. 38 of 2009 was registered on 25/1/2009 for the offence under Section 420, 379, 34 of the Indian Penal Code and Section 135 of the Electricity Act arraying opposite party no. 2/ Sri Nirmal Kumar Kanodia, proprietor of M/s Balajee Ingot India Pvt. Ltd., Lakhisarai and opposite party no. 3 / Sri G.K. Sinha, Manager as accused persons. As per the written report, on 3/9/2008 in the commercial premises of M/s Balajee Ingot India Pvt. Ltd., Khairi Mahisona, Lakhisarai, an electric consumer vide consumer no. KHR-34/HT having energy meter no. BEBO8487, the informant along with the representative of M/s Secure Meter Ltd. and officials namely (1) Sri Prem Kumar Singh, Electrical Executive Engineer, Commercial Bihar State Electricity Board, Patna (headquarter), (2) Sri Ranjeet Kumar Singh, Electrical Executive Engineer, Gardanibagh, PESU, Patna, (3) Sri Mirtuza Helal, Electrical Executive Engineer, Bankipore, PESU, Patna (4) Sri Virendra Kumar Chaudhary, Electrical Superintending Engineer, Electric Supply Circle, Munger (5) Sri Rajmohan Prasad, Electrical Executive Engineer , MRT Division, Munger, (6) Sri Rajkishore Rai, Electrical Executive Engineer, Electric Supply Division, Lakhisarai inspected the commercial premises. During inspection, in the electric meter of the consumer from all sides of the meter box holographic seal was found scratched. After opening the meter box energy meter was examined from inside. During examination in the side wall of the meter no continuity was found. In holographic seal there was indication of cutting. Accordingly, the said meter was removed and since new meter was not available, electric supply was directly connected without the meter and supply was resumed. For further enquiry, the said meter was sealed and the paper having signature of the representative of the consumer was pasted on the box. During the entire inspection the representative of the consumer namely Sri G.K. Sinha was present. Thereafter, Central Power Research Institute, Bangalore (hereinafter referred to as “CPRI”) was requested for testing of meter in its laboratory and after obtaining consent from the Institute date was fixed in between 19/1/2009 to 22/1/2009 for meter inspection. Thereafter, from the commercial department of the Bihar State Electricity Board the consumer was given information regarding the place of inspection of the meter, date and time and he was requested to remain present. In the Central Power Research Institute, Bangalore, the meter was thoroughly examined and CPRI subsequently handed over the said meter no. BEB08487 along with report. Thereafter direction was given for registering FIR. As per the report of CPRI it was found that the consumer had tampered with the meter installed in his premises. As per the report welding of ultra sonic welded plate on both side wall of the meter was removed and thereafter by the use of gum it was attached and as such it was easily removed. In the holographic seal on the side wall of electric meter of the consumer tampering was found. As per conclusion of the report the consumer had tampered with the meter and due to the said tampering there was obstacle in assessing the actual electric consumption. It was assessed that the Board had suffered approximately R