ANITA KAUR KOHLI Vs. BRIHAN MUMBAI ELECTRICITY SUPPLY

JUDGEMENT

(1.) HEARD. Rule. By consent, Rule is made returnable forthwith.

(2.) THE applicants challenge the FIR dated 7th January, 2003 which was lodged in FIR LAC No. 22 of 2003 at Matunga Police Station. The allegations of commission of offence by the applicants under Sections 39 and 44 (c) of the Indian Electricity Act, 1910, on the ground that in view of compounding of offence in terms of Section 152 of the Electricity Act, 2003 on payment of the dues, the respondents are neither entitled to pursue with the investigation nor to prosecute the applicants for the alleged offence.

(3.) SECTION 39 of the Indian Electricity Act, 1910 related to the offence of theft of energy and Section 44 of the said old Act related to penalty for interference with meters or licensee's works and for improper use of energy.