LAWS(GJH)-2022-8-1207

STATE OF GUJARAT Vs. HARESHBHAI HARJIVANBHAI PATEL

Decided On August 10, 2022
STATE OF GUJARAT Appellant
V/S
Hareshbhai Harjivanbhai Patel Respondents

JUDGEMENT

(1.) Heard learned APP Ms. Jirga Jhaveri for the appellant - State and learned advocate Mr. Brijendra Singh for the respondent at length.

(2.) The State has filed this acquittal appeal challenging the judgment and order dtd. 12/8/2016 passed by the learned Special Judge, Surendranagar, in the Special (Electricity) Case No. 16 of 2010 for the offences punishable under Sec. 135 of the Electricity Act.

(3.) The brief facts of the case are that on 24/4/2010, the Deputy Engineer along with other officer had visited the factory of the accused and during the checking, it was found that though the accused was not a consumer of the electricity company, but using the electricity illegally from the meter of the electricity company. That, the accused used electricity worth Rs.1,43,346.00. That, after detailed investigation, the investigating officer had filed the charge sheet before the learned Chief Judicial Magistrate, Surendranagar. That, pursuant to the Sec. 209 of the Criminal Procedure Code, the learned Magistrate committed the case to the Special Court and hence the said matter was registered as a Special Case. That, since, the accused has not pleaded guilty to the charge and claimed to be tried and the prosecution therefore, led the evidence. At the conclusion of the trial, the learned Special Judge, Surendranagar acquitted the accused and therefore, the State has preferred this appeal.