Landlords cannot be held liable for the actions of their tenants under Section 135 of the Electricity Act.

Aditya Kumar Trivedi, J. - Petitioner, Jainendra Kumar Singh @ Jainendra Singh who has been arrayed as one of an accused of Bibhutipur P.S. Case No. 59 of 2012 registered under Section 135 of the Electricity Act, has prayed for quashing of the aforesaid FIR to the extent of his interest.

2. Sushree Manisha, an Assistant Electrical Engineer, Electric Supply Sub-Division, Rosera, Distt-Samastipur filed a written report on 19.03.2012 disclosing therein that on the same day, a raiding party was constituted comprising of Sri Satya Narayan Mehta, Executive Engineer, Sri Sunil Kumar Verma, C.O.-cum-Magistrate, Bibhutipur, she herself, Sri K.P. Singh, ASI, Vibhutipur P.S., Sri Amarjit Paswan, Technician and conducted raid at the premises of different persons on getting information regarding stealthily consuming electric power and have shown conduction of raid in the house of Dilip Mahto and Naresh Sharma with regard to status of petitioner, it has been disclosed that after getting confidential information, they conducted raid at the establishment of M/s Vodafone Essar Space Tel Ltd., which happens to be established within the premise of petitioner, Jainendra Kumar Singh @ Jainendra Singh and found consuming electric energy putting hook over service wire going to the house of petitioner. Respective seizure lists were prepared on having seizure of wire and accordingly, written report was submitted attracting institution of instant case.

3. It has been submitted on behalf of petitioner that from plain reading of the First Information Report, it is evident that it suffers from arbitrariness as well as malicious prosecution. To support the same, it has been submitted that from the written report itself, it is evident that no allegation has been levelled against the petitioner. Consumption of energy by Vodafone Essar Space Tel Ltd., was not from the house of the petitioner rather from the service line which was provided by the Electricity Department to the petitioner, which belongs to the Electricity Department and not to the petitioner. Not only this, the informant has not made the Vodafone Essar Space Tel Ltd., as an accused although the prosecution itself identified consuming energy stealthily. Apart from this, by way of supplementary-affidavit, it has also been submitted that Vodafone Essar Space Tel Ltd., happens to be consumer bearing Consumer No. 14752/CS-2/18 against 12 KV consumption. On account of dues over electric charge appertaining to Rs. 1,41,640/-line was disconnected from January, 2011. Subsequently thereof, Vodafone Essar Space Tel Ltd., paid the outstanding dues on 9.05.2011 while the raid, has been conducted on 19.03.2012. Furthermore, it has been submitted that the line was restored to Vodafone Essar Space Tel Ltd. In the aforesaid background, it has been submitted that after having deposited outstanding due on 9.05.2011 and conduction of raid as well as finding pilferage of electrical energy by the Vodafone Essar Space Tel Ltd., will come under unauthorized consumption governed by Section 126 of the Electricity Act and not a theft in terms of Section 125 of the Act. Moreover, the dual if any, must survive amongst prosecution as well as Vodafone Essar Space Tel Ltd., for which petitioner should not have been subject to infestation.

4. It has also been submitted that only to harass the petitioner, such kind of averment purposely as well as intentionally has been averred, otherwise the raiding party should have inspected the meter having affixed by the Department in the premise of Vodafone Essar Space Tel Ltd., to see whether the aforesaid meter was in running condition or not, tampered or not, bypassed or not. Not only this, the informant intentionally kept silence with regard to the factual aspect whether Vodafone Essar Space Tel Ltd., was its customer or not and whether on account of non-payment of outstanding electric charge, its line was disconnected, meter has been taken away or not, payment was done or not,