MAHALAXMI SPINNERS LTD Vs. STATE OF HARYANA

JUDGEMENT

(1.) By filing the present petition the petitioners are seeking quashing of FIR No. 76 dated 30-1-2006 registered at Police Station City Panipat under Sections 135 and 138 of the Electricity Act, 2003.

(2.) As per the case of the prosecution, petitioner M/s. Mahalakshmi Spinners Limited, Panipat was having large supply electricity connection bearing A/c. No. LS-67 with sanctioned contract demand of 898 KVA with Uttar Haryana Bijli Vitran Nigam Limited (for short 'UHBVN'). On 24-1-2006 a raiding party of UHBVN checked the premises of the petitioner. During the said inspection, dishonest use of electricity, theft of electrical lines and material, interference with metering work of license and negligent wasting of electricity were detected by the authorized officer. Seals bearing serial Nos. P-48031 and P-48033 with sealing impression U046 affixed on the back side of CT/ PT Chamber door when compared with the original sample seals were found different in shape, size and placement of words. Hence seals affixed on the back side of CT/ PT chamber were fake. With these fake seals the measuring CTs and PTs were approachable which ultimately effected the actual energy being recorded by the meter. Hence, it was found to be a case of theft of energy. Accordingly, a request was submitted by Sub-Divisional Officer, Operations, City Sub- Division UHBVN, Panipat to the police requesting for registration of the FIR. On its basis, FIR No. 76 was registered on 30-1-2006 under Sections 135 and 138 of Electricity Act, 2003.

(3.) Learned counsel for the petitioners while seeking quashing of the FIR submitted that the Electricity Act, 2003 (hereinafter referred to as 'the Act') is a complete code in itself. Section 151 of the Act provides the procedure for taking cognizance of the offences relating to theft. For facility of reference, Section 151 reads as under : -