LAWS(GJH)-2009-4-174

TORRENT POWER AEC LIMITED Vs. STATE OF GUJARAT

Decided On April 16, 2009
TORRENT POWER AEC LIMITED Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) THIS petition has been preferred with a prayer to quash and set aside Criminal Complaint vide II C. R. No. 3211 of 2006 dated 17. 5. 2006 filed in Karanj Police Station, Ahmedabad City for alleged offences under sections 506 (1), 323 and 114 of Indian Penal Code,1860.

(2.) RESPONDENT No. 2 herein is the original complainant while out of the three petitioners only petitioner Nos. 2 and 3 are the two Accused in the criminal complaint. Petitioner No. 1, a Limited Company, has joined itself only because the two Accused are the employees of the Company and were acting for and on behalf of the Company in relation to the incident which gives rise to the alleged offences.

(3.) THE facts in brief are that employees of petitioner No. 1 Company, including petitioner No. 2, amongst others, carried out surprise inspection of premises of respondent No. 2 having Customer Service No. 602137 and found, according to petitioner Company, various defaults which indicated theft of electric power. Criminal Complaint was accordingly filed vide II C. R. No. 3013 of 2001 dated 02. 02. 2001 for offences under sections 39 and 39a of the Indian Electricity Act, 1910 alleging theft of electricity of Rupees Nine lacs. In the course of proceedings relatable to the said criminal case, statement of petitioner No. 2 along with statement of another employee of petitioner No. 1 Company came to be recorded by the Court on 17. 05. 2006. It is the say of the petitioners, more particularly petitioner No. 2, that after the deposition of petitioner No. 2 was recorded by the Court on 17. 05. 2006, when petitioner No. 2 stepped outside the Court Room, the complainant herein (respondent No. 2) threatened petitioner No. 2 after seizing left arm of petitioner No. 2. That accordingly petitioner No. 2 immediately tendered purshish before the Court in Criminal Case No. 1787 of 2000 narrating this incident.