Fabrication and forgery of documents to obtain electricity constitute offences under the Indian Penal Code.

JUDGMENT

Indira Banerjee, J. - Leave granted.

2. No one has appeared on behalf of Respondent Nos. 1 and 2, in spite of notice. The Respondent-State has appeared through the learned standing counsel.

3. This appeal is against a final judgment and order dated 21.06.2019 passed by the Aurangabad Bench of the High Court of Judicature at Bombay allowing Criminal Application No. 215 of 2019 and quashing the FIR No. 394/2018 filed by the appellant, arraying Respondent Nos. 1 and 2 as accused.

4. The Appellant is the owner of House No. 463 situated at Darzi Bazar, Bhazi Market Road, Cantonment, Aurangabad, Maharashtra, which is hereinafter referred to as the 'said premises'. The father of the Respondent No. 1 was inducted as a tenant of a shop at the said premises. In 1984, the appellant and his family members filed a suit for eviction. While the said suit was pending, the appellant along with his mother inherited the said premises.

5. It is not necessary for this Court to go into the details of how the ownership of the said premises devolved on the Appellant. Suffice it to mention that the Respondent No. 1 and his mother filed a petition under Section 17 of the Hyderabad Rent Control Act in the Court of the Rent Controller, Aurangabad, seeking directions on the Appellant to provide electricity connection at the said shop.

6. The application was rejected on the ground that from the inception of the tenancy the said shop was run with a petromax. Electricity had never been provided. The Respondent No. 2 later applied for supply of electricity in his own name on the basis of a 'No Objection' letter dated 15.07.2006 and got supply of electricity to the said shop in his own name.

7. It is the case of the Appellant that the no objection letter had been fabricated and the signatures thereon of Shantilal Maniklal Jaiswal, brother of the Appellant had been forged by Respondent No. 1. An FIR was lodged, the relevant portions of which are extracted hereinbelow :-

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8. Thereafter on 3/12/2018 the Deputy Executive Engineer of Maharashtra State Electricity Board had taken action about taken illegal electric connection and disconnected the electric connection taken from Pavan Jaiswal in House No. 484 and this was intimated to the complainant by their letter dated 4/12/2004. The complainant was also intimated that Pavan has assured that henceforth he would not supply electricity after pay Rs. 25/- for reconnection the electricity was again started. This copy is annexed on Exhibit-G.

9. The complainant had a doubt that the accused is attempting to file application to Maharashtra State Electricity Board for getting new electric connection. Hence to prevent giving electric connection he raised objection on the application of the accused and filed his application. Copy of the said objection application is annexed on Exhibit-H.

10. In August 2006 the complainant came to know that when all attempts of the accused No. 1 for getting illegally the electric connection were failed, the accused No. 1 has illegally obtained new electric connection. In this regard when the complainant made inquiry with Maharashtra State Electricity Board, the complainant named Shantilal Maniklal Jaiswal and submitted to Maharashtra Stat Electricity Board on 1/8/2006 and on that basis new connection was given to him.

11. No sooner the complainant came to know about the illegal act of the accused he filed application with Maharashtra Sate Electricity Board on 9/8/2006 under Right to Information Act for getting concerned papers to find out as to how the new connection was received. Accordingly it was informed that with the held of Accused No. 4 for Maharashtra State Electricity Board with the help of Vendor Sayyed Shafi (accused No 3) on 15/7/2006 stamp paper of Rs. 20/- was purchased on which fake signature of Shantilal Maniklal Jaiswal was made and fake No Objection Letter was prepared. It was notarized from the Notary Advocate M.P. Varkat (Accused No. 4) License No. 665. The comp