IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.526 of 2019

Arising Out of PS. Case No.-256 Year-2018 Thana- GAURICHAK District- Patna

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Suchit Kumar aged about 29 years, male, Son of Shudarshan Sharma, resident

of Village-Kairwa, P.S-Ghosi Dist.-Jehanabad

... ... Petitioner

Versus

1.

The State of Bihar through the Directer General of Police Govt. of Bihar,

Patna

2.

The Inspector General of Police,Bihar,Patna

3.

The Senior Superintendent of Police,Patna

4.

The Sub-Divisional Police Officer, Gaurichak,Patna

5.

The Officer in charge Gourichak,Patna

6.

The South Bihar Power Distribution Company Ltd. through its Director,

Vidyut Bhawan Baily Road, Patna

... ... Respondents

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Appearance :

For the Petitioner/s

:

Mr.Manoj Kumar, Advocate

For the State

:

Mr. Ajay Kumar, AC to GP-4

For respondent no. 6

:

Mr. Ajit Kumar Sinha, Advocate

Miss. M. Jaiswal, Advocate

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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH

ORAL JUDGMENT

Date : 26-03-2019

Heard learned counsel for the petitioner, learned

counsel for the State and learned counsel for the respondent no.

6.

2.

This application under Article 226 of the

Constitution of India has been filed by the petitioner for

quashing the first information report (for short ‘FIR’) of

Gaurichak P.S. Case No. 256 of 2018 registered under Sections

279 and 427 of the Indian Penal Code (for short ‘IPC’) and

Patna High Court CR. WJC No.526 of 2019 dt.26-03-2019

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Section 139 of the Electricity Act, 2003.

3.

Learned counsel appearing for the petitioner has

submitted that even if the entire allegations made in the FIR are

believed to be true, no case for investigation by the police is

made out. He has submitted that on the admitted facts of the

case, the essential ingredients to constitute an offence under

Section 279 of the IPC are not attracted. Apart from Section 279

of the IPC, Section 427 of the IPC and Section 139 of the

Electricity Act, 2003 are non-cognizable offences. In view of the

statutory bar provided under sub-section (2) of Section 155 of

the Code of Criminal Procedure (for short ‘CrPC’), the police

have no authority to institute an FIR and investigate into the

same when the offences alleged are non-cognizable.

4.

Per contra, learned counsel appearing for the State

has submitted that it is true that the offences punishable under

Section 427 of the IPC and Section 139 of the Electricity Act,

2003 are non-cognizable, but the offence under Section 279 of

the IPC is a cognizable one. In case, the allegations made in the

FIR constitute both cognizable and non-cognizable offences, the

police would have jurisdiction to institute an FIR and

investigate into the same. He has further contended that the

allegations made in the FIR would certainly attract the

Patna High Court CR. WJC No.526 of 2019 dt.26-03-2019

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ingredients of the offence punishable under Section 279 of the

IPC.

5.

Learned counsel appearing for respondent no. 6 has

supported the contentions advanced on behalf of the State. He

has submitted that from the allegations made in the FIR, it

would be evident that on 28.07.2018, in the night, at about 02.35

a.m., the truck belonging to the petitioner was being driven in a

rash and negligent manner and it had badly damaged 11KV

electric pole, as a result of which the supply of power was

interrupted in the entire Gaurichak village for about 18 hours.

He has contended that since the investigation is going on, it

would not be proper for this Court to interdict the FIR on the

basis of defence taken by the petitioner at this stage.

6.

I have heard learned counsel for the parties and

carefully perused the allegations made in the FIR of Gaurichak

P.S. Case No. 256 of 2018, as contained in Annexure-1 to this

application.

7.

In order to appreciate the riva