Chand Mandal @ Chandra Shekhar Mondal vs State Of Jharkhand And Others

Sanjay Kumar Dwivedi, J

Mr. Swapan Maji, learned counsel for the petitioner, Mr. Yogesh Modi, learned counsel for the respondent-State and Mr. Sanjay Piprawall, learned counsel for the respondent-DVC.

This petition has been filed quashing of the entire criminal proceeding arising out of Chirkunda (Panchet O.P.) P.S. Case No.239/2022 including FIR of Chirkunda (Panchet O.P.) P.S. Case No.239/2022, pending in the Court of the learned District and Additional Sessions Judge-II cum Special Judge (Electricity Act), Dhanbad.

The FIR was lodged alleging therein that the factory situated in Basti near Panchet Colony are using electricity of DVC illegally. Thereafter the authorities of the DVC has reached 3 factories on 01.09.2022 and has found that in Snow factory there is electrical connection of JBVNL even then the authority of the factory was stealing electricity of the DVC. The owner of the factory is Prabhakar Singh and for stealing of electricity, it has caused loss of Rs.8 Lakhs to DVC. Thereafter, the informant has searched in another factory, namely, Vidatha Poly Products in which also the electricity of DVC had been using by committing theft and due to that theft, it has caused loss of Rs.20 Lacs per year to DVC. The factory has been running in partnership in the name of Ajit Kumar Saw, Khokhan Gorai and Chand Mandal (petitioner). Thereafter, the informant has searched another factory namely Gorai Industries in which also DVC electricity had been using by committing theft and due to which, it has caused loss of about Rs.20 Lacs per year to DVC. The owner of that factory is Nogan Gorai. On the basis of the aforesaid allegations, present FIR has been lodged.

Mr. Maji, learned counsel for the petitioner submits that in the FIR, the allegations are made that on 01.09.2022, the said occurrence took place. He submits that the petitioner in no way connected with the factory namely Vidatha Poly Products. The company is neither a partnership company nor the petitioner is the partner of that company. The fact remains that the said company is a proprietary company. To substantiate this argument, he refers to Annexure-2 of the petition which is the certificate of provisional registration of GSTIN in favour of Vidatha Poly Products Factory. He further submits that in view of these facts, this Court has called upon the DVC to file counter affidavit and in the counter affidavit, the DVC has admitted that by mistake the name of the petitioner was inserted in the FIR.

Mr. Piprawall, learned counsel for the DVC submits that counter affidavit has been filed on behalf of the DVC, wherein, it has been disclosed in paragraph 7 that after institution of the FIR, the DVC came to know that the petitioner is not the owner of the Vidatha Poly Products Factory rather one Sri Gokul Kumar is the owner of the said factory and, therefore, the Superintending Engineer (Electrical), DVC, Panchet informed the Officer In Charge, Panchet O.P., Panchet Dam, Dhanbad about the owner of M/s Vidatha Poly Products and requested to amend the name of owner of M/s Vidatha Poly Products i.e. Sri Gokul Kumar in place of Ajit Kumar Saw, Khokhan Gorain and Chand Mandal (petitioner) in the present FIR being Chirkunda (Panchet O.P.) P.S. Case No.239/2022 vide letter dated 10.10.2022. Mr. Piprawall, learned counsel for the DVC fairly submits that it appears that by mistake the name of the petitioner was inserted in the present FIR.

Mr. Modi, learned counsel for the State accepts the submission of Mr. Piprawall, learned counsel for the DVC and submits that appropriate order may kindly be passed.

In view of the above, it appears that by mistake the name of the petitioner was inserted by the DVC authority. In paragraph 7 of the counter affidavit filed by the DVC, wrong insertion of name of the petitioner and others has been discussed.

In that view of the matter, so far as the present petitioner is concerned, entire criminal proceeding arising out of Chirkunda (Panchet O.P.) P.S. Case No.239/2022 including FIR of Chirkunda (Panchet O.P.) P.S. Case No.239/2022, pending in the Court of the learned District and Additional Sessions Judge-II cum Special Judge (Electricity Act), Dhanbad are quashed.

Accordingly, the petition is allowed and disposed of.