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2016 Supreme(Pat) 476

ASHWANI KUMAR SINGH
Baldev Singh @ Vikki Singh @ Balle Singh – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Vinay Mistry
For the Opposite Parties : Mr. Parmanand Prasad

JUDGMENT :

By way of the present application preferred under Section 482 of the Code of Criminal Procedure (For short “CrPC”), the petitioner seeks quashing of the order dated 15.09.2015 passed by the learned Presiding Officer, Special Court, PESU Area in Special Case No. 1013 of 2013, arising out of Kankarbagh P.S. Case No. 396 of 2013, whereby cognizance has been taken of the offence punishable under Section 135 of the Electricity Act, 2003 as against the petitioner and he has been summoned to face trial.

2. It has been contended by the learned counsel for the petitioner that the impugned order relating to taking cognizance of the offence under Section 135 of the Electricity Act, 2003 and issuing process against the petitioner has been passed by filling up the blanks in the typed format. He has contended that the order has been passed without due application of mind.

3. On the other hand, learned counsel for the South Bihar Power Distribution Company Ltd. has contended that though the impugned order has been passed on printed format by filling gaps, there are sufficient materials against the petitioner for taking cognizance of the offence punishable under Section 135 of the Electric








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