High Court Patna High Court - Orders

Sanjay Kumar vs State Of Bihar on 1 August, 2011

Patna High Court – Orders
Sanjay Kumar vs State Of Bihar on 1 August, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.44260 of 2008
Sanjay Kumar, Son of Sri Amardeo Prasad, Resident of Mohalla Simli Murarpur, PS Malsalami,
                               District Patna ---- Petitioner
                                          Versus
                            State Of Bihar ---- Opposite Party
                                         -----------

2 1.8.2011 Heard learned counsel for the petitioner and the counsel

appearing on behalf of the State.

The petitioner has challenged the order of cognizance

passed in Malsalami P.S. Case No. 123 of 2008 under Sections

135/138 of the Electricity Act, 2003.

Learned counsel for the petitioner submits that the

provisions of Section 126 of the Act have not been followed in this

case. This aspect can be raised at the appropriate stage of the case.

The second point raised on behalf of the petitioner is that the case is

triable by the Special Court as notified recently. In the circumstances,

it would be proper that this case should be transferred to the Special

Court expeditiously and preferably within a period of two months on

receipt of a copy of this order.

This application is disposed of with t he aforesaid

observations.

       Sanjay                                                   (Sheema Ali Khan, J.)