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N. S. SHEKHAWAT
Sunny Bansal – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
N.S. Shekhawat, J.
1. The petitioners have filed the present petition under Section 482 Cr. PC with a prayer to quash FIR No.450 dated 16.05.2016(P/1), under Section 135 of the Electricity Act, 2003, registered at Police Station Anti Power Theft (APT), Bhatinda, District Bhatinda and all subsequent proceedings emanating from the said FIR.
2. The FIR in the present case was registered on the basis of the complaint moved by SDO, Sub Division, PSPCL, Dabwali to Inspector, Anti Power Theft, Police Station, PSPCL, District Bhatinda regarding the power theft. As per the complainant, the electricity connection bearing account No. 3-M13/690 of Sushil Bansal son of Tilak Raj Bansal, Panchvati Palace, Village Doomwali, District Bhatinda, was disconnected permanently on the basis of the report submitted by Punjab Pollution Control Board, Bhatinda. The inspection of this palace was conducted on 26.04.2016 by SDO, Dabwali and it was found that the consumer had directly connected the load of his palace from the LT transformer of the department through approximately 20/25 meters long black colour PVC 16 MM wire and it was a case of electricity theft. The PVC wire, being used in the power
The main legal point established in the judgment is the importance of a speedy trial as a fundamental right under Article 21 of the Constitution of India, and the application of limitation periods fo....
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....
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 court's inherent jurisdiction under Sec. 482 Cr.P.C. must be invoked for compelling reasons of abuse of process of law or glaring injustice, which are against sound principles of criminal jurispr....
The main legal point established is that the prescribed period of limitation under Section 378(5) Cr.P.C. is a special law governing the appeal of private prosecutors, and the court does not have the....
The power to quash criminal proceedings should be exercised sparingly, and the court's role at the Section 482 Cr.P.C. stage is to determine whether a case for trial of the accused is made out based ....
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