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GITA GOPI
Rajeshkumar Khimjibhai Jakasania – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. By way of the present petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’), the petitioners have prayed for quashing and setting aside the impugned FIR being C.R. No.I-666 of 2010 registered before GUVNL Police Station, Dist.: Rajkot for offence punishable under Sections 135 of the Electricity Act, 2003 as well as other consequential proceedings arising out of the aforesaid FIR qua the petitioners.
2. Mr. Ashish Dagli, learned advocate for the petitioners submits that the petitioners are brothers and are in the same family business; they have constituted a partnership firm registered under the Indian Partnership Act, 1932, and the firm is under the name and style of M/s. J.K. Stone Crusher. The petitioners have established a stone crushing unit at Survey No.74 paiki, village Dharampur, Taluka, Morbi, Dist. Rajkot; the unit has been established in the year 1998.
2.1 Advocate Mr.Dagli submits that the petitioners had applied for industrial electric power connection for the said unit before the office of the Dy. Executive Engineer, Mobvi (Rural) Sub - Division, Morbi and a fully automatic stone crushing plant was installed
The court established that under Section 135 of the Electricity Act, an FIR for theft of electricity must be filed within 24 hours of disconnection, and failure to do so constitutes an abuse of proce....
The Court ruled that cases of alleged electricity theft fall under Section 135 rather than Section 126 of the Electricity Act, stressing the importance of jurisdiction in disputed factual matters.
The amicable resolution of a civil dispute and the clearance of civil liability can be grounds for quashing a FIR and subsequent proceedings under the Indian Electricity Act.
The prosecution must establish guilt beyond reasonable doubt, and mandatory provisions must be adhered to in lodging complaints.
The main legal point established in the judgment is the importance of a speedy trial as a fundamental right under Article 21 of the Constitution of India, and the application of limitation periods fo....
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