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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI
Kishan Tulsiram Aggrawal – Appellant
Versus
State of Gujarat – Respondent
| Table of Content |
|---|
| 1. reliefs sought in quashing the fir. (Para 1 , 2) |
| 2. arguments regarding legality of the fir. (Para 3 , 4) |
| 3. court's interpretation of section 135 compliance. (Para 6 , 7 , 8 , 9 , 10) |
| 4. quashing of fir due to non-compliance with statutory requirements. (Para 11 , 12) |
| 5. conclusion and order regarding the case. (Para 13 , 14 , 15) |
ORDER :
J. C. DOSHI, J.
1. By way of this petition, the petitioner has prayed for following reliefs :-
“(a) Be pleased to issue a writ of mandamus, writ in the nature of mandamus or any other appropriate writ, order or direction quashing and setting aside the FIR-II No.294 of 2015 with GUVNL Police Station and charge sheet No.35 of 2015 dated 26.03.2015 (Annexure F Colly) filed against the present petitioner in the respondent no.2 police station.
(b) During the pendency and final disposal of this petition the further proceedings against the petitioner in relation to FIR-II No.294 of 2015 with GUVNL Police Station and charge sheet No.35 of 2015 dated 26.03.2015 may kindly be stayed.
(c) Any other and further relief in the interest of justice may kindly be granted.”
2. Facts of the case are as under :-
2.1. The petitioner took two vacant plots on le
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 prosecution failed to establish guilt beyond reasonable doubt due to procedural lapses and lack of substantive evidence.
The prosecution must adhere to mandatory statutory provisions regarding searches and seizures; failure to do so undermines the validity of electricity theft convictions.
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.
Distinction exists between civil liability under Section 126 and criminal liability under Section 135 of the Electricity Act, with mens rea being essential for theft prosecution.
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