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Sh. Pankaj Jain vs State And Another on 15 February, 2021

In as much as the offence punishable under Section 135 of the Electricity Act, 2003 is compoundable in terms of Section 152 of the said enactment, in view of the catena of verdicts in "NARESH JHANJHI & ANR VS. STATE OF NCT OF DELHI & ANR" in CRL.M.C. 4179/2015, "SHIV CHARAN VS. THE STATE & ANR" in CRL.M.C. 3176/2015, "RAJESH KUMAR VS. THE STATE GOVT OF NCT OF DELHI & ANR" in CRL.M.C. 4494/2017, "SUDESH MAAN & ANR. VS. THE STATE GOVT OF NCT OF DELHI & ANR" in CRL.M.C. 5181/2017, "RAVINDER KUMAR VS. THE STATE GOVT OF NCT OF DELHI & ANR" in CRL.M.C. 242/2018 and in view of the verdict of the Apex Court in "SURESH GANPATI HALANKAR VS. THE STATE OF MAHARASHTRA & ORS" dated 22.01.2018 in CRL.A. 156/2018; and in view of the verdict of judgment of this Court in "ATIF RAZA VS. STATE (NCT OF DELHI) & ANR." In CRL.
Delhi High Court - Orders Cites 9 - Cited by 8 - A Malhotra - Full Document

Surender Kumar Sain vs State Of Himachal Pradesh on 16 December, 2025

44. The Hon'ble Supreme Court in I.A. No.117535 of 2017 in Criminal Appeal No.156 of 2018 (arising out of of SLP (Crl.) NO. 3670/2017), titled as Suresh Ganpati Halvankar versus the State of Maharashtra & Others rt has held that the offence punishable under Section 135 of the Electricity Act, can be compounded under Section 152 of the Electricity Act. Relevant portion of the judgment is reproduced as under:­ " It will be seen that both Sections 135 and 138, which impose a maximum sentence of three years, both deal with theft of electricity. The High Court has taken a very narrow view of Section 152 by stating that an offence of theft is related stricto senso to Section 135 since that section alone deals with the offence of theft, but would not specifically refer to Section 138 which only indirectly relates to the offence of theft. Both the respondent as well as the petitioner before us have moved the High Court stating that Section 138 would also be so subsumed and have continued to argue the same position before us. We are of the view that this is correct in law inasmuch as the language of Section 152 specifically states ......"an offence of theft" which according to Stroud's Judicial Dictionary, as well as Ramanatha Iyer's Law Lexicon, states that ::: Downloaded on - 17/12/2025 20:33:25 :::CIS 39 2025:HHC:44126 one meaning of 'an' is 'any'. If the word 'any' is substituted for the word 'an' in Section 152, it becomes clear that any offence relating to the theft of electricity is also within the ken of .
Himachal Pradesh High Court Cites 20 - Cited by 0 - V Singh - Full Document

Surender Kumar Sain vs State Of Himachal Pradesh on 16 December, 2025

44. The Hon'ble Supreme Court in I.A. No.117535 of 2017 in Criminal Appeal No.156 of 2018 (arising out of of SLP (Crl.) NO. 3670/2017), titled as Suresh Ganpati Halvankar versus the State of Maharashtra & Others rt has held that the offence punishable under Section 135 of the Electricity Act, can be compounded under Section 152 of the Electricity Act. Relevant portion of the judgment is reproduced as under:­ " It will be seen that both Sections 135 and 138, which impose a maximum sentence of three years, both deal with theft of electricity. The High Court has taken a very narrow view of Section 152 by stating that an offence of theft is related stricto senso to Section 135 since that section alone deals with the offence of theft, but would not specifically refer to Section 138 which only indirectly relates to the offence of theft. Both the respondent as well as the petitioner before us have moved the High Court stating that Section 138 would also be so subsumed and have continued to argue the same position before us. We are of the view that this is correct in law inasmuch as the language of Section 152 specifically states ......"an offence of theft" which according to Stroud's Judicial Dictionary, as well as Ramanatha Iyer's Law Lexicon, states that ::: Downloaded on - 17/12/2025 20:33:28 :::CIS 39 2025:HHC:44126 one meaning of 'an' is 'any'. If the word 'any' is substituted for the word 'an' in Section 152, it becomes clear that any offence relating to the theft of electricity is also within the ken of .
Himachal Pradesh High Court Cites 20 - Cited by 0 - V Singh - Full Document

Surender Kumar Sain vs State Of Himachal Pradesh on 16 December, 2025

44. The Hon'ble Supreme Court in I.A. No.117535 of 2017 in Criminal Appeal No.156 of 2018 (arising out of of SLP (Crl.) NO. 3670/2017), titled as Suresh Ganpati Halvankar versus the State of Maharashtra & Others rt has held that the offence punishable under Section 135 of the Electricity Act, can be compounded under Section 152 of the Electricity Act. Relevant portion of the judgment is reproduced as under:­ " It will be seen that both Sections 135 and 138, which impose a maximum sentence of three years, both deal with theft of electricity. The High Court has taken a very narrow view of Section 152 by stating that an offence of theft is related stricto senso to Section 135 since that section alone deals with the offence of theft, but would not specifically refer to Section 138 which only indirectly relates to the offence of theft. Both the respondent as well as the petitioner before us have moved the High Court stating that Section 138 would also be so subsumed and have continued to argue the same position before us. We are of the view that this is correct in law inasmuch as the language of Section 152 specifically states ......"an offence of theft" which according to Stroud's Judicial Dictionary, as well as Ramanatha Iyer's Law Lexicon, states that ::: Downloaded on - 17/12/2025 20:33:39 :::CIS 39 2025:HHC:44126 one meaning of 'an' is 'any'. If the word 'any' is substituted for the word 'an' in Section 152, it becomes clear that any offence relating to the theft of electricity is also within the ken of .
Himachal Pradesh High Court Cites 20 - Cited by 0 - V Singh - Full Document

Surender Kumar Sain vs State Of Himachal Pradesh on 16 December, 2025

44. The Hon'ble Supreme Court in I.A. No.117535 of 2017 in Criminal Appeal No.156 of 2018 (arising out of of SLP (Crl.) NO. 3670/2017), titled as Suresh Ganpati Halvankar versus the State of Maharashtra & Others rt has held that the offence punishable under Section 135 of the Electricity Act, can be compounded under Section 152 of the Electricity Act. Relevant portion of the judgment is reproduced as under:­ " It will be seen that both Sections 135 and 138, which impose a maximum sentence of three years, both deal with theft of electricity. The High Court has taken a very narrow view of Section 152 by stating that an offence of theft is related stricto senso to Section 135 since that section alone deals with the offence of theft, but would not specifically refer to Section 138 which only indirectly relates to the offence of theft. Both the respondent as well as the petitioner before us have moved the High Court stating that Section 138 would also be so subsumed and have continued to argue the same position before us. We are of the view that this is correct in law inasmuch as the language of Section 152 specifically states ......"an offence of theft" which according to Stroud's Judicial Dictionary, as well as Ramanatha Iyer's Law Lexicon, states that ::: Downloaded on - 17/12/2025 20:33:35 :::CIS 39 2025:HHC:44126 one meaning of 'an' is 'any'. If the word 'any' is substituted for the word 'an' in Section 152, it becomes clear that any offence relating to the theft of electricity is also within the ken of .
Himachal Pradesh High Court Cites 20 - Cited by 0 - V Singh - Full Document

Khushboo vs The State & Anr on 16 December, 2021

It is submitted on behalf of the State that in view of the settlement arrived at between the parties, there is no opposition to the prayer made by the petitioner seeking the quashing of the FIR No. 200/2021, Police Station Mehrauli registered under Section 135 of the Electricity Act, 2003 taking into account the factum that the offence punishable under Section 135 of the Electricity Act, 2003 is compoundable in terms of Section 152 of the said enactment and no dues certificate has been issued by the respondent No.2 in view of the catena of verdicts in "NARESH JHANJHI & ANR VS. STATE OF NCT OF DELHI & ANR" in CRL.M.C. 4179/2015, "SHIV CHARAN VS. THE STATE & ANR" in CRL.M.C. 3176/2015, "RAJESH KUMAR VS. THE STATE GOVT OF NCT OF DELHI & ANR" in CRL.M.C. 4494/2017, "SUDESH MAAN & ANR. VS. THE STATE GOVT OF NCT OF DELHI & ANR" in CRL.M.C. 5181/2017, "RAVINDER KUMAR VS. THE STATE GOVT OF NCT OF DELHI & ANR" in CRL.M.C. 242/2018 and in view of the verdict of the Apex Court in "SURESH GANPATI HALANKAR VS. THE STATE OF MAHARASHTRA & ORS" dated 22.01.2018 in CRL.A. 156/2018; and in view of the verdict of judgment of this Court in "ATIF RAZA VS. STATE (NCT OF DELHI) & ANR." In CRL.
Delhi High Court - Orders Cites 13 - Cited by 1 - A Malhotra - Full Document
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