Rajesh Bindal, J. - (1.) THE prayer made in this petition filed under Section 482 of the Code of Criminal Procedure (For short 'the Code') is for quashing of F.I.R. No. 174 dated June 7, 2006 registered under Sections 379 IPC and 39 of the Electricity Act, 2003 (for short 'the Act') at Police Station, Garaunda District Karnal and subsequent proceedings arising therefrom.
(2.) AT the very out set learned Counsel for the petitioner submitted that the legal issue raised in the present petition is squarely covered by the judgment of this Court delivered on January 22, 2008 in Criminal Misc. Petition No. 15719 -M of 2005 (Dhan Raj Jain and Anr. v. State of Haryana and Anr.) where in identical circumstances, the FIR registered for theft of energy was quashed on the ground that in terms of provisions of the Act existing at the relevant time, the Court could take cognizance of the offence of theft of energy only on a complaint filed by the competent authority and not on a report presented by the Police under Section 173 of the Code. Learned Counsels appearing for the respondents do not dispute the proposition of law laid down by this Court in Dhan Raj Jain's case (supra). Accordingly, for the reasons stated in Dhan Raj Jain's case (supra), which shall form part of this order, the F.I.R. No. 174 dated June 7, 2006 registered under Sections 379 IPC and 39 of the Electricity Act, 2003 at Police Station, Garaunda District Karnal and all subsequent proceedings arising therefrom are quashed.
(3.) HOWEVER , Uttari Haryana Bijli Vitran Nigam Limited will be at liberty to file a criminal complaint, if so advised. The petition is disposed of, accordingly.;