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Manoj Kumar Tiwari v. State Of U.P. Thru' Secy. & Others - WRIT - C No. 51882 of 2003  RD-AH 455 (21 November 2003)
COURT NO. 34
CIVIL MISC. WRIT PETITION NO. 51882 OF 2003
Shri Manoj Kumar Tiwari ------ Petitioner
State of U.P. & ors. ------ Respondents
Hon'ble Dr. B.S.Chauhan, J
Hon'ble D.P.Gupta, J.
This writ petition has been filed for quashing the notice of electricity dues dated 6.2.2003, issued by respondent no. 2 (Annex. 3) and also for directing responent no. 2 not to take any coercive measure for realizing electricity dues against the petitioner till the pendency of the criminal case for the same cause of action.
It is contended that on 6.2.2003 respondent inspected the various premises and wrongly and falsely implicated thepetitioner in a case of electricity theft and for the same F.I.R. was lodged against several persons including petitioner as a Case Crime No. 494 of 2002, under Sections 39(3), 6/40 and 49-B of the Indian Electricity Act. Respondents also assessed the applicant and issued the notice dated 6.2.2003 demanding electricity dues of Rs.1,63,173.10 and also issued recovery notice. The contention is that as the criminal proceedings are pending, therefore, respondents cannot recover the electricity dues assessed by them. It was contended that in fact, he was operating wih his own generator.
Learned Standing Counsel contended that criminal case is entirely different than civil liability. The standard of proof in both the cases are different. Criminal prosecution will be for committing the electricity theft which is an offence while the electricity which was consumed by theft has to be paid by the petitioner. Therefore, this petition has no merit.
We have considered the rival submissions made by the learned counsel for the parties and perused the record.
We are of the considered opinion that petition has no merit and is liable to be dismissed.
Both liabilities are different. Even in certain cases of acqittal in criminal proceedings civil liability continues.
Petition being devoid of any merit is hereby dismissed.
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