Mantun Ojha vs The State Of Bihar on 11 October, 2010

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.9439 of 2008
                   MANTUN OJHA
                                      ...PETITIONER
                               Versus
                   THE STATE OF BIHAR
                                        ...OPPOISTE PARTY
                   For the petitioner    :Mr.A.K.Thakur &
                                          Mr. Pawan Kumar
                   For Electricity Board :Mr.Vinay Kirti Singh
                   For the State          :Mr. Jharkhandi Upadhyay,APP
                                              -----------

04. 11.10.2010 Petitioner has questioned the legality of the FIR lodged

under section 379 IPC and section 135 of the Indian Electricity

Ac, 2003 on the ground that the same has been registered by the

police, although on the statements of Assistant Electrical Engineer.

Admitted position is that section 151(A) has been added

by virtue of amendment brought about in the year 2007. The FIR

was instituted in the year 2006. There is no interim order passed in

favour of the petitioner. The FIR must have culminated into filing

of charge-sheet.

Learned counsel for the opposite party referring to the

statements made in the counter affidavit states that in fact charge-

sheet has already been submitted. In that view of the matter, the

application has become infructuous.

For all these reasons, this Court is not inclined to

interfere with the matter. The application is accordingly dismissed.

( Kishore K. Mandal )
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