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Criminal · Reportable judgment

Mukesh Chand vs The State(Nct) of Delhi & Anr.

Court
Supreme Court of India
Date
12 March 2019
Case No.
Criminal Appeal Nos. 469-470 of 2019
Result
Allowed
Bench
Abhay Manohar Sapre, Dinesh Maheshwari
Citation
[2019] 4 S.C.R. 700 : 2019 INSC 354
Supreme Court Reports [2019] 4 S.C.R. 700 : 2019 INSC 354
Headnote

Electricity Act, 2003 – ss.135 and 152 – Respondent No.2BSES alleged that the appellant had committed theft of electricity and sent a bill of Rs.3,54,598.21/- – Appellant failed to pay the bill amount – Respondent No.2 filed FIR against the appellant u/s.135 of the Act – However, appellant and Respondent No.2 settled the matter in the Special Lok Adalat for a total sum of Rs.1,60,000/- – Appellant filed petition u/s.482 Cr.P.C. to quash FIR filed against him – High Court dismissed the petition – On appeal, held: The High Court did not examine the issue in the light of s.152 of the Act – Thus, case remanded to the High Court for deciding the petition afresh, keeping in view the provisions of s.152 of the Act. Allowing the appeals, the Court

HELD: 1. Respondent No.1 rightly pointed out that the issue in question needs to be decided in the light of Section 152 of the Act, which deals with compounding of offences under the Electricity Act, 2003. [Para 14] [702-F]

2. Since the High Court did not examine the issue in the light of Section 152 of the Act, this Court considers it proper to remand the case to the High Court to examine the issue afresh keeping in view the provisions of Section 152 of the Act and then pass appropriate orders as the case may require on the facts involved therein in accordance with law. [Para 15] [702-G-H]

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. Leave granted. 2. These appeals are directed against the final judgment and order dated 10.12.2018 passed by the High Court of Delhi at New Delhi in Crl.M.A. No.49292/2018 in Crl.M.C. No.2757/2018 whereby the High Court dismissed the application filed by the appellant herein. 3. A few facts need mention hereinbelow for the disposal of these appeals, which involve a short point. 4. The appellant was a consumer of electricity. He, therefore, obtained one electricity connection from respondent No. 2 - BSES Rajdhani Power Li
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