ASHWANI KUMAR SINGH, J.

Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel appearing on behalf of the South Bihar Power Distribution Company Limited.

2. The present application under Articles 226 and 227 of the Constitution of India has been filed for quashing of the FIR of Fatuha P.S. Case No.363 of 2013 dated 24th October, 2013 registered for the offences punishable under section 135 of the Electricity Act, 2003.

3. Learned counsel for the petitioner has submitted that since a separate proceeding under section 126 of the Electricity Act, 2003 has been initiated against the petitioner for recovery of loss caused to the Board, prosecution of the petitioner is bad in law. He further submits that the seizure list in connection with the FIR would demonstrate that the petitioner has falsely been implicated in the case. In support of his submission, learned counsel for the petitioner relies upon a judgment of the Hon’ble Supreme Court in Executive Engineer, Southern Electricity Supply Company of Orissa Limited and another Vs. Sri Seetaram Rice Mill since reported in 2012(2) SCC 108.

4. On the other hand, learned counsel for the State