(1.) The present petition is filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in case FIR No.934 dated 22.06.2020 under Section 135 of Electricity Act, 2003 registered at Police Station Irrigation and Power Ambala.
(2.) Learned counsel for the petitioner has pointed out the instructions No. 4.3 of the Sales Manual framed by the Uttar Haryana Bijli Vitran Nitam Ltd. under the Electricity Act, 2003, which provides that for meter checking as per the said Regulation " Seasonal Industries such as Ice Factories, Ice Candies, Cold Storage units, Cotton Ginning Mills and Rice Shellers shall be checked twice during the season i.e. at least once every three months". In pursuance to the said instructions, the factory .was checked on 16.10.2019 and thereafter on 05.06.2020 and on 05.06.2020 itself the meter of the petitioner was replaced by the official of UHBVN, whereas, the FIR was registered on 19.6.2020. Thus, if at all, the penalty has to be levied, it can only be recovered for the period from 05.06.2020 to 19.06.2020. In case, the petitioner was found committing the electricity theft before 5.6.2020, then the FIR would have been registered on 16.10.2019 or on 5.6.2020, when the responders came for checking.
(3.) The fact that the FIR was registered on 19.6.2020 shows that there were no allegations of theft prior to 5.6.2020 when the meter was replaced.