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 for taking cognizance of offences under Section 468 of the Cr.PC.

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 theft at the spot was taken into possession after sealing the same. A notice was issued to the consumer to deposit a sum of Rs.6,67,936/- as compensation and Rs.1,35,000/- as compounding fee under LDLF. A request was made to register the FIR under Section 135 of the Electricity Act, 2003 against Sushil Bansal, petitioner No.2. With these broad allegations, the FIR was registered in the present case on 16.05.2016 under Section 135 of the Electricity Act, 2003.

3. At the very outset, learned senior counsel appearing on behalf of the petitioner submits that the FIR in the present case was registered on 16.05.2016 and till date the final report of investigation under Section 173 Cr. PC has not been presented and in view of the bar contained in Section 468 Cr.PC, the cognizance of the offence cannot be taken against the petitioners, at this stage. Apart from that, learned counsel for the petitioners also submit that Sunny Bansal, petitioner No.1 is the owner of the Panchvati Marriage Palace, village Doomwali, District Bhatinda and the petitioner No.2 is father of petitioner No.1 and petitioner No.2 has been falsely involved in the present case.

4. A reply has been filed by way of an affidavit of Deputy Superintendent of Police, Vigilance and Security, PSPCL, on behalf of the respondent-State. Learned State counsel submits that in the present case, the petitioner No.1 had not joined the investigation and he had joined the investigation with the IO on 09.02.2022 in compliance of the order passed by Additional Sessions judge, Bhatinda. Learned counsel further submits that the investigation has been concluded and the challan has been prepared and after getting the challan scrutinized from the learned Public Prosecutor, the challan against the petitioners/accused shall be presented before the competent Court of law. Learned counsel further submits that there was no delay on the part of the State of Punjab and in view of the provisions envisaged under Section 473 Cr. P.C., the delay in presentation of challan can be condoned as the delay had been properly explained and it would be in the interest of justice to condone the delay.

5. I have heard learned counsel for the parties and with their able assistance; I have perused the record carefully.

6. The relevant extract of Section 135 of the Electricity Act has been reproduce below for ready reference:-

135. Theft of electricity:- (1) whoever, dishonestly:-

(a) taps, makes or causes to be made any connection with overhead, underground or under water lines or cables, or service wires, or service facilities of a licensee or supplier, as the case may be; or

(b) tampers a meter, installs or uses a tampered meter, current reversing transformer, loop connection or any other device or method which interferes with accurate or pr