GAZALA PARVEEN Vs. THE STATE OF JHARKHARD

JUDGEMENT

(1.) This application has been filed for quashing the first information report in connection with Kotwali (Sukhdeo Nagar) P.S. Case No: 804 dated 10.11.2006 under Sections 135, 136, 137, 139 of the Electricity Act.

(2.) It is submitted by Sri Prashant Pallav, learned counsel for petitioner that electrical connection of petitioner was never disconnected, therefore, question of theft of electrical energy does not arise. He further submits that respondent Board has been impleaded and asked to file counter-affidavit, but Board has not filed counter-affidavit, thus, it will be presumed that electrical connection of petitioner was not disconnected on the date of alleged raid conducted by board officials. Accordingly, it is prayed that F.I.R. be quashed.

(3.) On the other hand, Sri Vijay Pratap Singh, learned Senior Advocate appearing for the Electricity Board, submits that it is well settled that F.I.R. can be quashed only if from the allegations made therein, no offence is made out. It is further submitted that in the instant case F.I.R. reveals that electrical connection of petitioner's premises disconnected and he was extracting electrical energy illegally by hooking. From the aforesaid allegation, offence under Section 135 of the Electricity Act 2003 is made out. He further submits that it is well settled that while exercising jurisdiction under Section 482 of the Code of Criminal Procedure, it is not open for this Court to ask informant to adduce evidence in support of allegations made in first information report. It is submitted that such evidence can be adduced after commencement of trial.