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 process.

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 leave and license agreement by one land lady viz. Nazeemabibi. The plots were having electricity meter bearing consumer No.03677/01425/5 which was used by the petitioner for running machineries . The meter was not working properly and became faulty and when such fact came to the notice of landlady she intimated to the electricity company by application dated 18.11.2014. The electricity company did not bother to check the meter. On 20.01.2015, incident occurred with regard to meter and meter was burnt, landlady’s son intimated the said fact to electricity company and on the same day electricity company person attended the premises where they found that MMB of the meter was burnt and glass was broken and it was alleged that petitioner has bypassed the meter and thus committed theft of electricity. On 21.01.2015, Meter was removed by checking sheet dated 21.05.2015, supply was disconnected and supplementary bill of Rs.25,25,380/- . Thereafter, on 06.02.2015, FIR was registered before GUVNL Police Station against the petitioner.

Hence, this petition.

3. Learned advocate Mr.Qureshi for the petitioner having referred to judgment of this Court in the case of Narendrabhai Revabhai Patel v/s. State of Gujarat [2015 LawSuit (Guj) 1330]; Criminal Misc. Application No.4465 of 2010 between Rajeshkumar Khimjibhai Jakasania v/s. State of Gujarat as well as in the case of State of Gujarat v/s. Rayijaben Iqbalbhai [Criminal Revision Application No.977 of 2018] would submit that in the present case, petitioner’s electricity connection was disconnected on 21.01.2015 by the officers of DGVC Ltd. in drive to find out power theft. According to FIR, on the same day, officers found that the petitioner who is consumer of DGVCL bypassed meter, used electricity illegally and as such committed power theft. It is further submitted that FIR for such incident was filed on 06.02.2015 and as such it is in teeth of section 135 of the Electricity Act which mandates that FIR has to be filed within 24 hours on disconnection. It is submitted that according to DGVCL during checking if theft is found it is their duty to disconnect electricity supply on the spot and yet within 24 hours thereof, FIR was not filed. It is further submitted that since mandatory provisions are breached, continuance of FIR against petitioner is abuse of process. He therefore, submits to allow the petition and quash FIR.

4. Learned advocate Mr.Hasurkar for respondent no.3 – DGVCL as against aforesaid submissions would submit that meter recording electricity consumption installed on the premises of the petitioner was burnt, thus electricity which was consumed by the petitioner was not recorded in electricity meter. He would submit that the petitioner obtained electricity through by passing electricity meter putting