ORDER : Prayer in the petition is for quashment of proceedings of order dated 24-9-2008 passed in Criminal Case No. 316/2008 pending in the Court of Special Judge Dewas. 2. Short facts of the case are that, complaint was filed by the respondent under section 135 of the Electricity Act, 2003 on account of theft of electricity alleging that Tube Well situated at Adarsh Nagar, Dewas was being operated by Dewas Municipal Corporation, with an electrical motor of 5 HP. It was alleged that for operating the said electrical pump no electrical connection was taken by Dewas Municipal Corporation. Initially Dewas Municipal Corporation was prosecuted. After appearance it was prayed on behalf of Dewas, Municipal Corporation that there is no Chief Municipal Officer in the Office of Dewas Municipal Corporation. An application was filed by the prosecution to implead Commissioner Municipal Corporation, Dewas in place of Chief Municipal Officer. An objection was raised on behalf of Dewas Municipal Corporation that without obtaining appropriate sanction under section 197 of Criminal Procedure Code Commissioner Municipal Corporation, Dewas cannot be prosecuted as Commissioner Municipal Corporation, Dewas is a public servant. It was prayed that the criminal case be dropped. 3. Learned trial Court allowed the application filed by the prosecution and permitted to implead Commissioner Municipal Corporation, Dewas as party and dismissed the application filed by the petitioner under section 197 of Criminal Procedure Code against which the present petition has been filed. 4. Learned counsel for the petitioner argued at length and submits that the impugned order passed by the learned Court below is illegal and deserves to be set aside. It is submitted that the learned Court below has committed error in allowing the respondent to implead Commissioner Municipal Corporation, Dewas as party. It is submitted that the learned Court below has also committed error in dismissing the application filed by the petitioner under section 197 of Criminal Procedure Code. It is submitted that since no sanction for prosecution was taken, therefore, petitioner could not have been prosecuted. It was prayed by the petitioner that the petition filed by the petitioner be allowed and the proceedings initiated against the petitioner be quashed. From perusal of the record, it appears that the Commissioner Municipal Corporation, Dewas has been prosecuted on account of theft of electricity for running water pump. Municipal Corporation, Dewas and also Electricity Board are Government Undertaking. It was prayed by the petitioner that the petition filed by the petitioner be allowed and the proceedings initiated against the petitioner be quashed. From perusal of the record, it appears that the Commissioner Municipal Corporation, Dewas has been prosecuted on account of theft of electricity for running water pump. Municipal Corporation, Dewas and also Electricity Board are Government Undertaking. It is surprising that the Electricity Board has to file criminal case against the Commissioner, Municipal Corporation, Dewas on account of theft of electricity and in the facts and circumstances of the case petition is disposed of with the following directions :- (i) That, Commissioner Municipal Corporation, Dewas shall personally inspect the record and the spot to find out that whether pump was being operated without any electrical connection within four weeks from the date of the order. (ii) If Commissioner Municipal Corporation, Dewas finds that the electrical pump was operated without any electrical connection than Commissioner Municipal Corporation, Dewas shall approach Electricity Board and settled the account within a period of eight weeks from the date of the order. (iii) If the Commissioner Municipal Corporation, Dewas fails to settle the dispute within the time stipulated hereinabove, the learned trial Court shall proceed with the case and in that case the person who holds the post of Commissioner, Municipal Corporation, Dewas shall personally be liable for theft of electricity and respondent shall be permitted to prosecute the Commissioner Municipal Corporation, Dewas holding Office in person. With the aforesaid directions, the petition stands disposed of.