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2022 Supreme(Guj) 1843

RAJENDRA M. SAREEN
State Of Gujarat – Appellant
Versus
Digvijaysinh Bhupatsinh Jadeja – Respondent


Advocates Appeared:
For the Appellant : Ms. Asmita Patel.
For the Respondents: Mr. Nital M. Dhruve, Mr. P.M. Lakhani, Mrs. R.P. Lakhani.

JUDGMENT :

1. Present Criminal Appeal is filed by the appellant – State of Gujarat being aggrieved by the judgement and order dated 16/10/2015 passed by the learned 5th (Ad-hoc) Additional Sessions Judge, Jamnagar in Special (GEB) Case No.347 of 2014 whereby the learned Judge has acquitted the accused/respondent from the offence punishable under section 135 OF Indian Electricity Act 2003.

2. Brief case of the prosecution is that on 14/03/2013, Junior Engineer Shri S. R. Varmora along with line staff members had went on inspection. During the inspection, they found that the respondent – accused has obtained illegal electric connection by applying direct service cable to the nearby exectric pole at his residential premises. The raiding officer has prepared the Panchnama of the place of offence at Exh. 10, a checking sheet at Exh. 22 and Rojkam at Exh.20. The supplementary bill was issued by the Deputy Engineer for the amount of Rs.95,388/- and the same was forwarded to the respondent – accused. The supplementary bill remained unpaid and therefore, complaint was filed before GEB Police Station, Rajkot on 04/04/2013, which was registered as CR No.II-2258 of 2013 for the offence under se

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