KESHA RAM AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C., 1973 has been filed by the petitioner with a prayer for quashing the FIR No.248/2017 dated 13.11.2017 of Police Station Anti Power Theft (APT), District Jaisalmer for commission of offences punishable under sections 135 and 138 of Electricity Act, 2003 (hereinafter to be referred as 'the Act of 2003')

(2.) The impugned FIR is registered at the instance of respondent No.2-Devendra Kumar Meena, Junior Engineer (O&M), Jodhpur Vidyut Vitaran Nigam Limited Fatehgarh, District Jaisalmer, wherein it is alleged that upon inspection of agriculture filed of the petitioner on 10.11.2017, the respondent No.2 found that the petitioner has obtained illegal electricity connection through transformer. It is stated in the impugned FIR that the whole incident is recorded in the VCR No.8445/2009 dated 10.11.2017. It is further alleged that as the petitioner is indulged in theft of electricity, he has committed the offences punishable under Sections 135 and 138 of the Act of 2003.

(3.) Before registration of impugned FIR, a notice was issued to the petitioner on 12.11.2017, in which the Jodhpur Vidyut Vitaran Nigam Limited (hereinafter to be referred as 'the Jd.V.V.N.L.') has carried out the provisional assessment, and demanded Rs. 1,98,250/- from the petitioner.