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SANJAY KUMAR DWIVEDI
Navdeep Singh – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. hearing procedures for multiple cases. (Para 1 , 2) |
| 2. overview of criminal charges in various cases. (Para 3 , 4) |
| 3. prosecution context and requirements. (Para 5) |
| 4. legal arguments for liability and fir validity. (Para 6 , 10 , 12 , 18 , 28 , 30) |
| 5. inspections and evidence consideration. (Para 14 , 24 , 27) |
| 6. culpability in company-related offenses. (Para 15 , 16) |
| 7. details of electricity theft allegations. (Para 20) |
| 8. judicial rationale regarding corporate liability. (Para 22 , 25) |
| 9. final determination and order. (Para 35 , 36 , 37) |
JUDGMENT :
In all these cases, a common question of fact and law are involved and this is why, all these cases have been heard together with consent of the learned counsels appearing for the parties.
2. Heard Mr. M.S. Mittal, the learned Senior counsel appearing on behalf of the petitioners in Cr.M.P. No.627 of 2005, Cr.M.P. No.586 of 2006 and Cr.M.P. No.1902 of 2011], Mr. Ajit Kumar, the learned Senior counsel appearing on behalf of the petitioner in Cr.M.P. No. 140 of 2009, Mr. Sumeet Gadodia, the learned counsel appearing on beh
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.
Appellant/Plaintiff has a viable, efficacious and alternative remedy of approaching appropriate authorities mentioned under the Tamil Nadu Electricity Board - there is no categoric finding that there....
The assessment of electricity charges in cases of theft or unauthorized use of electricity must follow the procedure under Section 126 of the Act, 2003. The court emphasized the importance of procedu....
Compounding of electricity offence under Electricity Act Section 152 bars prosecutions under IPC Sections 420, 120-B and Prevention of Corruption Act Sections 13(1)(d), 13(2) for same acts, constitut....
The court upheld that cognizance of electricity theft offences can be taken on authorized complaints and clarified that the 2007 amendment allows police reports for cognizance, applicable retrospecti....
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