M/S. HIMADRI STEEL PVT. LTD. NUAGOAN, SATKATIA, DHALBHUMGARH, EAST SINGHBHUM, JHARKHAND Vs. JHARKHAND URJA VIKAS NIGAM LIMITED

JUDGEMENT

(1.) The petitioner is aggrieved of disconnection of electric supply at its unit on 27.09.2017, when a First Information Report being Chakuliya P.S Case No. 30 of 2017 u/s 379, 420, 353 IPC and u/s 135/137/138 Electricity Act, 2003 was lodged against the petitioner-company and its directors. It has also challenged the direction contained in letter dated 29.09.2017 to pay Rs. 3,23,71,524/.

(2.) The issue raised in this writ petition assumes significance when one reads the stand of the respondent-Jharkhand Urja Vikas Nigam Limited in the written report dated 27.09.2017, in the context of final form submitted by the police on 30.11.2017.

(3.) Mr. Navaniti Prasad Singh, the learned Senior counsel for the petitioner challenging the very basis of registration of the criminal case and the subsequent disconnection of electric supply at the petitioner's unit submits that in breach of the procedure under the Jharkhand State Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2015 electric supply at the petitioner's unit has been illegally disconnected. One of the contentions raised on behalf of the petitioner is that the stand of the respondent-Nigam as appearing in written report dated 27.09.2017, if found true, would bring this case within the purview of "suspected theft of electricity" and not "theft of electricity" and while so, procedure under Regulation 11.12 to 11.15 shall follow.