NAVIN PRAKASHSINGH THAKUR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Admit. Heard finally by consent of learned counsel appearing for the parties.

(2.) This is an application seeking quashing and setting aside of the First Information Report No.401/2020 filed by the non-applicant No.2 at Police Station Akot File, Akola for the offence punishable under Sec. 135 of the Electricity Act, 2003.

(3.) The F.I.R. is filed at the behest of respondent No.2. As per the allegations in the said F.I.R. the applicant along with a tenant, namely, Syed Ejaj Syed Faiyyaj and one Rupali Wagh are indulged in theft of electricity. It is further stated in the F.I.R. that on 25/8/2020 at about 12.30 a.m. non-applicant No.2, who is Additional Executive Engineer of the Flying Squad of the Maharashtra State Electricity Distribution Company Limited (MSEDCL) inspected the premises belonging to the applicant. During this inspection a person, namely, Syed Ejaj Syed Faiyyaj restrained them from entering the premises which prompted them to check the electric meter. During the inspection it was found that the applicant along with said Syed Ejaj Syed Faiyyaj and one Rupali Nandkishor Wagh has intentionally loosened the nut-bolt of the meter so that the display of consumption should be zero. Accordingly, it was found that said persons have unauthorizedly tampered with the electric meter and connection and have committed theft of electricity amounting of Rs.5,36,856.00 for the previous five months. The compounding charges were accordingly assessed to Rs.8,04,200.00. Thus, an offence under Sec. 135 of the Electricity Act, 2003 was clamped against the accused persons and a First Information Report was lodged. It is this First Information Report which is challenged in the present application.