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MADHYA PRADESH HIGH COURT
Arun Kumar Sharma, J
Baijanti Bai v. M. P. Kshetriya Vidyut Vitran Co. Ltd. Bhopal and Others
| Table of Content |
|---|
| 1. claim of wrongful assessment against electricity theft. (Para 1 , 2) |
| 2. arguments regarding rights to electricity based on previous court rulings. (Para 3 , 4) |
| 3. discussion on civil liabilities and authority of courts. (Para 6 , 10 , 12 , 13) |
| 4. judicial precedents on criminal acquittals and civil liabilities. (Para 8 , 9 , 11) |
| 5. final ruling dismissing provisional assessments post-exoneration. (Para 14 , 15) |
1.This petition filed under Art.226 of the Constitution is directed against the order Annexure P / 4 whereby respondents have provisionally assessed Rs. 19302/- against the petitioner relating to her alleged act of electricity theft.
2. The case of the petitioner is that she is residing in the residential premises situated in Khurje Wala Mohalla, Lashkar, Gwalior. She occupied the residential premises after the death of her husband. It is urged that a complaint under S.135 of the Electricity Act, 2003 is filed against the petitioner. The said complain was frivolous and therefore, the Special Court in Special Session No. 1083/2012 exonerated the petitioner. It is submitted that after her exoneration respondents are not justified in asking payment from the petit
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