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2008 Supreme(Online)(Chh) 47

CHHATTISGARH HIGH COURT
R. S. Garg, J
Chhattisgarh State Electricity Board – Appellant
Versus
Rajendra Prasad Agrawal – Respondent


Advocates:
For the Appellants/Petitioners: Sanjay K. Agrawal
For the Respondents: A. S. Gaharwar

1. These petitions are being disposed of by this common order as the subject - matter of the dispute involved in these petition is identical and common questions of law are involved for adjudication of these petitions.

2. In Criminal Revision No. 49/07 the report was lodged by Chhattisgarh Electricity Board (for brevity 'the Board') against the non - applicant No. 2 on 31-3-2006 regarding theft of electricity on 23-2-2006 and accordingly, Crime No. 227/06 for the offence punishable under S.126 and S.135 of the Electricity Act , 2003 (in short 'the Act of 2003) was registered and charge - sheet was filed in the Court of Special Judge, Bilaspur. The Special Judge by the impugned order dated 26th September, 2006 passed in E. Cr. Case No. 4/06 allowed the application of the non - applicants for the present and discharged the non - applicants with liberty to the Board that it can take proper action in accordance with law.

3. In Criminal Revision No. 573/06 on the report of Junior Engineer, C.S.E.B., offence was registered against the non - applicant No. 1 - Rajendra Prasad Agrawal for commission of electricity theft on 28-4-2006 in Police Station Champa. Non - applicant No. 1 moved an ap









































































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