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2021 DIGILAW 831 (RAJ)

Suresh Chand v. State of Rajasthan

2021-04-08

INDERJEET SINGH

body2021
JUDGMENT : Inderjeet Singh, J. 1. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India read with Rule 315(1)(h) of Rajasthan High Court Rules for quashing of the proceedings in Special Sessions Case No. 13/2017 (arising out of FIR No. 219/2016 and proceedings initiated upon it registered at Police Station Kolari, District Dholpur) pending in the Court of Special Judge, Electricity Offences Act (Additional Sessions Judge), Dholpur for the offence under section 136 of Electricity Act, 2003. 2. Brief facts of the case are that an electricity connection was issued in the name of the petitioner at village Nabab Basai, Sub-Division A.En.-A.II, Dholpur by the Jaipur Vidhyut Vitaran Nigam Limited (hereinafter to be referred as JVVNL). On 13.09.2016 a vigilance team of the JVVNL inspected the premises of the petitioner and prepared a vigilance checking report (hereinafter to be referred as VCR) wherein it was recorded that there was direct supply of the electricity from the service line and the electricity meter was not found at the premises of the petitioner and such act of the petitioner getting electricity directly from the service line without any meter falls with the definition of electricity theft and its an offence under Sections 135, 136 & 138 of the Electricity Act, 2003 and the vigilance team of the JVVNL at the premises of the petitioner itself disconnected the electricity connection of the petitioner. Apart from it, an FIR bearing No. 219/2016 was also lodged by the department against the petitioner for the offence under Sec. 136 of the Electricity Act, 2003. 3. Counsel for the petitioner submits that the electricity meter which was installed in the premises of the petitioner was burnt on 12.08.2016 for which the petitioner submitted an application to the concerned A.En., Dholpur and on the instructions of the A.En., the concerned helper examined and removed the meter and the petitioner was asked to deposit an amount of Rs. 650/- which was deposited by the petitioner in lieu of installation of new meter on 17.08.2016. 650/- which was deposited by the petitioner in lieu of installation of new meter on 17.08.2016. Counsel further submits that the petitioner appeared before the VCR Monitoring & Reviewing Committee of JVVNL, which in its meeting after considering the justification tendered by the petitioner, recorded that the meter was removed by the officers of the JVVNL as the same was burnt for which the petitioner was not at fault at all and while setting aside the demand raised by the department, directed to adjust the amount already deposited, in the electricity bills. Counsel further submits that since the proceedings are pending before the learned trial court, the petitioner filed an application under Section 152(2) of the Electricity Act, 2003 for compounding the offence against the petitioner. The said application was dismissed by the learned trial court vide order dated 16.04.2019. 4. Counsel further submits that the learned trial court has committed serious error in not considering the minutes as well as the order passed by the VCR Monitoring and Reviewing Committee dated 11.07.2017 wherein it was recorded that the electric meter was removed by the officials of the department as the same was burnt for which the petitioner was not at fault. 5. Counsel appearing on behalf of the respondents opposed the petition and submitted that the petitioner has been indulged in the theft of electricity and in his presence the demand of Rs. 2,04,089/- was raised by the officials of the department. 6. Heard counsel for the parties and perused the record. 7. This writ petition filed by the petitioner deserves to be allowed for the reasons; firstly from the material on record it reveals that the meter was removed by the officials of the JVVNL as the same was burnt in which the petitioner had no role to play and besides this, the petitioner had already deposited the demand as raised by the JVVNL; secondly the petitioner appeared before the VCR Monitoring and Reviewing Committee which after considering the plight and justification of the petitioner found that the petitioner was not at fault and is not guilty for the offence of theft of electricity. 8. In that view of the matter, the present petition is allowed and the order passed by the learned trial court dated 16.04.2019 is set aside. 8. In that view of the matter, the present petition is allowed and the order passed by the learned trial court dated 16.04.2019 is set aside. The proceedings in Special Sessions Case No. 13/2017 (arising out of FIR No. 219/2016 and proceedings initiated upon it registered at Police Station Kolari, District Dholpur) pending in the Court of Special Judge, Electricity Offences Act (Additional Sessions Judge), Dholpur for the offence under section 136 of Electricity Act, 2003 are hereby quashed.