High Court of Punjab and Haryana, Chandigarh
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Anil Bansal v. State of Haryana - CRM-15678-M-2005  RD-P&H 12153 (7 December 2006)
CRL.M.No.15678-M of 2005
DATE OF ORDER: 19.12.2006
State of Haryana
CORUM : HON'BLE MR. JUSTICE M.M. AGGARWAL .*.*.*.
Present: Mr. Avnish Mittal, Advocate.
Mr. Narender Hooda, Advocate.
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 )
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