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ANIL BANSAL versus STATE OF HARYANA

High Court of Punjab and Haryana, Chandigarh

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Anil Bansal v. State of Haryana - CRM-15678-M-2005 [2006] RD-P&H 12153 (7 December 2006)

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

CRL.M.No.15678-M of 2005

DATE OF ORDER: 19.12.2006

Anil Bansal

...Petitioner(s)

Versus

State of Haryana

....Respondent(s)

CORUM : HON'BLE MR. JUSTICE M.M. AGGARWAL .*.*.*.

Present: Mr. Avnish Mittal, Advocate.

Mr. Narender Hooda, Advocate.

M.M. AGGARWAL,J

This is petition for quashing FIR No.158 dated 13.10.2004 under Section 39 of Electricity Act and Section 379 IPC.

The offence is stated to have taken place on 26.9.2004.

Allegations are regarding theft of electricity. As per Section 151 of the Electricity Act, 2003, the Court could take cognizance of the offence only on a complaint by the appropriate government or by the appropriate commission or an officer authorized by them or Chief Electrical Inspector or the persons mentioned in Section 151 of the Act.

In this case, it is admitted position that no complaint in this CRL.M.No.15678-M of 2005 #2#

case had been filed by respondent No.2 i.e Electricity authorities.

Under these circumstances, this petition is accepted. FIR shall stand quashed. Respondents shall be at liberty to file complaint, if so desired.

December 19, 2006 ( M.M. AGGARWAL )

manoj JUDGE


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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