RAJNISH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) M /s Bansal Rice Mill was the consumer of Haryana State Electricity Board and was doing the business of rice shelling. The electricity connection of this Mill remained suspended from 24.4.1991 to 3.10.1991. It requested for the restoration of electricity supply and also paid re-connection charges and some amount towards additional security etc. Thereafter, electric supply was restored from 4.10.1991. M/s Bansal Rice Mill entered into a contract with the partners of M/s Luxmi Rice Mill for giving the Mill on lease to it and ultimately, a lease deed ws executed between the parties on 5.10.1991. On 10.10.1991, during the inspection of metering equipment of M/s Bansal Rice Mills, Maniyana Road, Tohana by A.E.E.M. & P. Division H.S.E.B. Hisar, the following acts of theft of energy were noticed:-

(2.) A complaint was made by the S.D.O., H.S.E.B. to Police Station Tohana on 12.10.1991 FIR No. 414 dated 14.10.1991 was lodged against M/s Bansal Rice Mills. Subsequently petitioners were arrayed as accused as they have taken the rice mill on lease. After investigation, challan was presented before the Illaqa Magistrate. After hearing the accused were discharged by Judicial Magistrate Ist Class, Tohana vide order dated 15.10.1992. Aggrieved by that order, State filed a revision before the Sessions Judge, Hisar, which was accepted and orders dated 15.10.1992 were set aside and case was remanded back to the Judicial Magistrate Ist Class for decision on merit. Aggrieved by that order, present revision has been preferred by the petitioners.

(3.) MR . K.S. Chauhan, learned DAG submits that one seal of C.T. Chamber was found broken through lash wire and second seal was found tampered and there was a duplicate seal on MCB. He further submits that when this act has been done by the petitioners, then it was a pure cases of extracting the energy for consumption by the petitioners, and this act has been done by the petitioners.