Sri Jyoti Kumar Poddar & Ors vs The State Of Bihar, Through The ... on 25 July, 2018

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Patna High Court - Orders

Sri Jyoti Kumar Poddar & Ors vs The State Of Bihar, Through The ... on 25 July, 2018

Bench: Rajeev Ranjan Prasad

   IN THE HIGH COURT OF JUDICATURE AT PATNA
             Criminal Writ Jurisdiction Case No.1564 of 2018
======================================================
1. Sri Jyoti Kumar Poddar S/o late Murlidhar Poddar Promoter of India
    Power Corporation (Bodh Gaya) Pvt. Ltd., Plot X1, 2 & 3, Block - EP,
    Sector - V, Salt Lake, P.S. - Salt Lake, Electronic Complex, Kolkata,
    WB - 700091.
2. Sri Amit Kiran Deb S/o Kshitis Chandra Deb presently working as
    Director, India Power Corporation (Bodh Gaya) Pvt. Ltd., Plot X1, 2 &
    3, Block - EP, Sector - V, Salt Lake, P.S. - Salt Lake, Electronic
    Complex, Kolkata, WB - 700091.
3. Shri Shirirang Bhalchandra Karandikar S/o Bhalchandra Keshao Rao
    Karandikar Ex-Chief Executive Officer, India Power Corporation (Bodh
    Gaya) Pvt. Ltd., Plot X1, 2 & 3, Block - EP, Sector - V, Salt Lake, P.S. -
    Salt Lake, Electronic Complex, Kolkata, WB - 700091.
4. Sri Rajendra Prasad Ritolia S/o Late Bishun Lal Ritolia presently
    working as Director, India Power Corporation (Bodh Gaya) Pvt. Ltd.,
    Plot X1, 2 & 3, Block - EP, Sector - V, Salt Lake, P.S. - Salt Lake,
    Electronic Complex, Kolkata, WB - 700091.
5. Sri Sanjeev Seth S/o Darshanlal Seth presently working as Additional
    Director, India Power Corporation (Bodh Gaya) Pvt. Ltd., Plot X1, 2 &
    3, Block - EP, Sector - V, Salt Lake, P.S. - Salt Lake, Electronic
    Complex, Kolkata, WB - 700091.
6. Sri Raghav Raj Kanoria S/o Hemant Kanoria Promoter of India Power
    Corporation (Bodh Gaya) Pvt. Ltd., Plot X1, 2 & 3, Block - EP, Sector -
    V, Salt Lake, P.S. - Salt Lake, Electronic Complex, Kolkata, WB -
    700091.
7. Sri Ashok Kumar Goswami S/o Late Murari Mohan Goswami presently
    working as Additional Director, India Power Corporation (Bodh Gaya)
    Pvt. Ltd., Plot X1, 2 & 3, Block - EP, Sector - V, Salt Lake, P.S. - Salt
    Lake, Electronic Complex, Kolkata, WB - 700091.
8. Sri Subir Das, Subir Kumar Das, S/o late Amlendu Das presently
    working as Business Head, India Power Corporation (Bodh Gaya) Pvt.
    Ltd. 1st & 2nd Floor, Zoin Complex, Opposite Fire Station, Swarajpuri
    Road, P.S. - Civil Lines, Gaya - 823001.
9. Sri Netrapal Singh S/o late J P Singh presently working as Vigilance
    Head, India Power Corporation (Bodh Gaya) Pvt. Ltd. 1st & 2nd Floor,
    Zoin Complex, Opposite Fire Station, Swarajpuri Road, P.S. - Civil
    Lines, Gaya - 823001.
10. Sri Gautam Kumar Behera S/o Jaldhar Behra presently working as
    Deputy Manager (Vigilance), India Power Corporation (Bodh Gaya)
    Pvt. Ltd. 1st & 2nd Floor, Zoin Complex, Opposite Fire Station,
    Swarajpuri Road, P.S. - Civil Lines, Gaya - 823001.
11. Sri Swapnil Sagar S/o Surendra Singh presently working as Member
    (Vigilance Team), India Power Corporation (Bodh Gaya) Pvt. Ltd. 1st &
    2nd Floor, Zoin Complex, Opposite Fire Station, Swarajpuri Road, P.S.
    - Civil Lines, Gaya - 823001.
12. Sri Anil Kumar S/o Gauri Shankar Yadav presently working as Member
    (Vigilance Team), India Power Corporation (Bodh Gaya) Pvt. Ltd. 1st &
    2nd Floor, Zoin Complex, Opposite Fire Station, Swarajpuri Road, P.S.
    - Civil Lines, Gaya - 823001.
13. Sri Mithilesh Paswan @ Mithilesh S/o Late Sadhu Paswan presently
       Patna High Court Cr. WJC No.1564 of 2018 (2) dt.25-07-2018                                    2




                       working as Member (Vigilance Team), India Power Corporation (Bodh
                       Gaya) Pvt. Ltd. 1st & 2nd Floor, Zoin Complex, Opposite Fire Station,
                       Swarajpuri Road, P.S. - Civil Lines, Gaya - 823001.

                                                                         .... ....   Petitioner/s
                                                    Versus
                   The State of Bihar, Through The Principal Secretary, Home Department,
                   Government of Bihar, Old Secretariat, Patna-1 & Anr
                                                                       .... .... Respondent/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s   : Mr. Binod Kumar Singh, Adv.
                                               Ms. Vagisha Pragya V.,Adv.
                   For the Respondent/s    : Mr. P. K. Verma (AAG 3)
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN
                   PRASAD
                   ORAL ORDER

2   25-07-2018

These petitioners are said to be the officers of a Company namely India Power Corporation (Bodh Gaya) Ltd.

Learned counsel for the petitioners submits that because the authorized officers of the said Company had conducted a raid in the premises of Opposite Party No.2 and lodged a case of theft of electricity against the husband of Opposite Party No.2, the Opposite Party No.2 has indulged in filing of a mala fide prosecution against these petitioners.

Let notice be issued to Respondent No.2 both by Registered Cover with A/D as well as by ordinary process for which requisites etc. must be filed within one week, failing which this application shall stand dismissed as against him without further reference to a Bench. In the meantime, no coercive action shall be taken against the petitioners.

Patna High Court Cr. WJC No.1564 of 2018 (2) dt.25-07-2018 3

List this case immediately after service of notice.





                                              (Rajeev Ranjan Prasad, J)
Arvind/R.R.Ojha/Ved


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Patna High Court - Orders