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 at the premises. The petitioners have their business running in the family and more than one firm have been established, as a diversion of the business with separate firms.

2.2 Advocate Mr. Dagli submits that the stone crushing unit at the premises was established for the purpose of providing raw materials to the other firms to carry out the activities. The materials produced in the premises were never meant for commercial venture and therefore the consumption pattern of the electricity of the petitioner’s firm remained static, which Mr. Dagli submitted, could be examined from the year wise consumption bills. Mr. Dagli stated that the average annual consumption of power supply by the firm was from Rs.4 Lakhs to 6 Lakhs and in few of years, the consumption bill remained Rs.4 Lakhs since other firm had no sufficient quantum of works; while sister concerns was having good business, and the turn out of the firm belonging to the petitioners remained less burdened or the turn out of the petitioners’ firm would be in accordance to the burden of work of the sister concern. Mr. Dagli submitted that the power consumption bills for the last 3 preceding years supports the case, which shows the consumption pattern of the petitioners' firm M/s.J.K. Stone Crusher.

2.3 Advocate Mr.Dagli submits that the petitioners' firm has a sanctioned load of 94 KWLTP- 3 Tariff connection. He submits that the erstwhile Gujarat Electricity Board has been divided into 5 different companies wherein four are distribution companies, while one is generating company and the Saurashtra region is controlled by the company named Paschim Gujarat Vij Company Limited popularly known as PGVCL and the petitioners are consumer with Registration No.34404/00170/3-LTP-3.

2.4 Advocate Mr.Dagli submitted that the premises of the petitioners was inspected on March 16, 2010 and in the inspection memo, the displayed reading of KVARh load and CF KVRh was 949672.95, and thereafter MRI data was retrieved, which Mr.Dagli submitted that was in conformity with the circular issued by the company dated February 9, 2010, and hence, the connection was disconnected and meter was removed, and taken away by the officers of the company. Mr.Dagli, states that the inspection memo shows that all seals affixed on the main meter box, connecting meter box, terminal covers were in order. It has been recorded that the connected load was 113.5 HP which is equivalent to 86.83 KW.

2.5 Mr.Dagli submits that the inspection report of the place of site of removing and sealing the meter has been recorded by the officers of the respondent company on March 16, 2010. The meter supplied by M/s. Larsen & Toubro having meter serial number 05335065 for the capacity of 200/5 AMPs. He submits that the display data recorded showed KWH 6863.4 KVAR