Punjab-Haryana High Court
Nagesh Kumar vs State Of Haryana & Anr on 2 August, 2010
Author: Jaswant Singh
Bench: Jaswant Singh
Crl. Misc.No. M 8019 of 2010 #1#
IN THE HIGH COURT FOR THE STATE OF PUNJAB &
HARYANA AT CHANDIGARH.
Crl. Misc.No. M 8019 of 2010
Date of Decision:-02.08.2010
Nagesh Kumar.
......Petitioner.
Versus
State of Haryana & Anr.
......Respondents.
CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH.
Present:- Mr. Sameer Rathore, Advocate
for Mr. Sumeet Goel, Advocate
for the Petitioner.
Mr. M.S. Sindhu, Additional Advocate General Haryana
for Respondents no.1 & 2.
JASWANT SINGH, J. (ORAL)
Instant petition has been filed by the petitioner under section 482 Cr.PC for quashing of FIR no.162 dated 12.12.2008 under Section 135 of the Electricity Act of 2003(for short the Act) registered with Police Station Ismailabad, District Kurukshetra, Haryana on the ground that the cognizance of the alleged offence could only be taken under section 151 of the Act which does not provide for registration of the FIR.
It is submitted that the cognizance of the offence could only Crl. Misc.No. M 8019 of 2010 #2# be taken by the court on a complaint filed by the authorised officer.
Upon notice written reply has been filed by Randhir Singh, Deputy Superintendent of Police, Pehowa, District Kurukshetra wherein in the preliminary objection no.2 he has submitted that after investigation of the case theft of electricity was not detected hence the cancellation report was recommended on 3.2.2010.
In view of this factual position it is admitted by both the parties that the present petition has become infructuous.
Disposed of as infructuous.
( JASWANT SINGH ) JUDGE 02nd August, 2010 Vinay