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Judgment
R.R. Prasad, J.—None either on behalf of the Petitioner or the O.P. No. 2 appeared when the case was called out. However, learned Counsel for the State is present.
On perusal of the record, I do find that when the Petitioner, Assistant Electrical Engineer, Godda, conducted a raid in several houses in the area on 18.12.1999 along with other officials of the Electricity Board, opposite party No. 2 Indra Bahadur was found consuming electric energy stealthily and, therefore, an F.I.R. was lodged u/s 379 of Indian Penal Code and Sections 39/44 of the Indian Electricity Act against him.
After four days of lodgment of the said case, opposite party No. 2 complainant lodged a complaint case bearing No. P.C.R. No. 780 of 1999 against the Petitioner and other persons alleging therein that this Petitioner and others came to his place and abused his children and also took away 50 meters of electric wires, two switches etc. Said complaint was taken up for inquiry and after inquiry, the court did find prima facie case against the Petitioner and others under Sections 448/379 of Indian Penal Code and thereby summons were ordered to be issued vide order dated 16.12.2000.
Being aggrieved with that order, this application has been filed on behalf of the Petitioner for quashing the order dated 16.12.2000 passed by the then Chief Judicial Magistrate, Godda in P.C.R. No. 780 of 1999 (T.R. No. 713 of 2001) by which order, summon was issued.
From bare perusal of the prosecution launched by opposite party No. 2 against the Petitioner, seems to be malicious one. On 18.12.1999 when this Petitioner was found the opposite party No. 2 complainant consuming electric energy stealthily, a case was lodged against him u/s 379 of the Indian Penal Code and Sections 39/44 of the Indian Electricity Act. After four days of lodgment of the said case, the complainant lodged a complaint on the allegation that this Petitioner along with other accused persons had come to his place from where they took away 50 meters of electric wires and that apart, they had also abused his children. Thus, from chain of events and also the nature of allegation, it can easily be said that the instant prosecution is tainted with malice.
Accordingly, the entire proceedings of complaint case bearing P.C.R. No. 780 of 1999 (T.R. No. 713 of 2001) including the order dated 16.12.2000 issued u/s 204 of Code of Criminal Procedure. is hereby quashed.
In the result, this application is allowed.