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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C.DOSHI
Vedprakash Devkinandan Chiripal – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. final ruling dismisses the petition (Para 1 , 7) |
| 2. background of unauthorized electricity use dispute (Para 2) |
| 3. petitioners assert their rights based on civil claims (Para 3) |
| 4. respondents emphasize on legal obligations under electricity act (Para 4 , 5) |
| 5. court elucidates distinction between civil and criminal liability (Para 6) |
JUDGMENT :
J. C. DOSHI, J.
1. The present petition is filed under Section 482 of the Cr.PC for the following reliefs:-
“a.To quash the F.I.R. Cr-ll 72 Of 2013 registered with G.U.V.N.L. Police Station, Surat (Previously known as G.E.B Police Station, South Zone, Surat)[Annexure - AJ and the investigation pursuant thereto in the interest of Justice,
b. Pending admission and final hearing, be further pleased to stay proceedings/investigation of F.I.R. Cr-II 72 Of 2013 registered with G.U.V.N.L. Police Station, Surat (Previously known as G.E.B Police Station, South Zone, Surat) (Annexure-A).”
FACTS RELEVANT TO DECIDE THE PRESENT PETITION ARE AS UNDER:-
2. The petitioners are Trustees of the Milestone Education Trust, (for short, “Turst”) which manages Shanti Asiatic School. In 2010, the Trust applied for and was granted a temporary electricit
Payment of civil liabilities does not extinguish criminal liability under the Electricity Act, as both operate independently; compounding an offence is at the discretion of the Electricity Company.
Section 135 of 2003 Act deals with an offence of theft of electricity and penalty that can be imposed for such theft. This squarely falls within dimensions of criminal jurisprudence and mens rea is o....
Both Sections 135 and 138 of the Electricity Act are compoundable under Section 152, and the prosecution must provide reliable evidence for conviction.
The main legal point established is the inherent power of the High Court to quash criminal proceedings in non-compoundable cases based on settlement, especially in cases of predominantly civil charac....
The determination of civil liability under Section 154 (5) of the Electricity Act is independent of the criminal proceeding and should be dealt with separately by the Special Court.
The assessing officer has no authority to pass any order regarding assessment of liability and penalty against a consumer if proceedings for theft under Section 135 of the Electricity Act, 2003 are i....
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