GALAXY COLLEGE OF EDUCATION AND ORS Vs. STATE

JUDGEMENT

(1.) These three petitions have been preferred under Section 561 -A Cr.P.C. for quashing of the proceeding under Section 95 of the J&K Electricity Act, 2010 (hereinafter referred to as 'the Act') pending before the Court of Special Mobile Magistrate (Electricity), Jammu. The petitioners have also assailed the validity of the order dated 20.09.2016 whereby petitioners have been asked to produce some relevant record in a proceeding under Section 95 of the Act pending before the Court of Special Mobile Magistrate (Electricity), Jammu. Since common questions of law and facts arise for consideration in these petitions, they were heard analogously and are being decided by this common order.

(2.) It is stated in the petitions that the petitioners, who are running the Education College which were set up way back in 2005, 2009 and in August 2016 and at the time of establishing the colleges, the petitioners obtained electricity connection by fulfilling all the requisite formalities thus the petitioners were registered as electric consumers with its service connection Nos. 0033101, 033102 & 031881 under the Electricity Act and the loads were sanctioned by the respondent after taking into consideration the total consumption of the electricity and installation of devices and gadgets. With the passage of time and requirement in the colleges/Centre University, some additional devices were affixed, which made the petitioners to move an applications to the respondent for inspection of the premises so as to enhance the electricity load i.e., the total consumption of electricity by the petitioners. Despite the fact that the applications were moved by the petitioners notifying the respondent to enhance the electric load but no inspections were made however, the respondent visited the spot and noted the installation of devices and filed the complaint u/s. 95 of the J&K Electricity Act, 2010 before the Special Mobile Magistrate (Electricity) Act, 2010 Jammu complaining that there is excess of 8.3 kw, 5.41 kw & 13.6 kw in the colleges/Hostel of the petitioners alleging to be the pilferage of electricity. It is further contended that the Magistrate on the basis of the complaints took the cognizance without taking into consideration that it is not the case of respondent that there is theft of electricity but alleged that there is a excessive load against the sanctioned load thus the Court without recording the statement of complainant took the cognizance without complying the mandate of Cr.P.C.

(3.) The petitioners are aggrieved by the criminal complaints/challan and the order passed by the learned Magistrate, which is just misuse of process of law, therefore, the petitioners challenge the same on the following grounds: