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1 - 5 of 5 (0.33 seconds)Section 39 in The Indian Electricity Act, 1910 [Entire Act]
The Indian Electricity Act, 1910
The Indian Penal Code, 1860
Anadi Charan Sahu And Ors. vs State Of Orissa on 16 October, 1968
6. It was urged on behalf of the opp. parties that when the law is set in motion by a responsible officer for and on behalf of the Board, the prosecution should be regarded as having been instituted at the instance of the Board. Reliance is placed on a decision of this Court in the case of Sadhu Charan Sahu v. State, 46 (1978) C. L. T. 340 In that case F. I. R. was lodged by the Executive Engineer of the city Distribution Division. Cuttack. The bills for consumption of electric energy were prepared by the Board through this Division under the signature of the Executive Engineer and the electric charges were realised by that Division. The Executive Engineer was a responsible officer of the Board and he was incharge of managing and looking after all the affairs of the Division. All correspondence of this Division of the Board was made in his name. Bieng in charge of the Division he was duty bound not only to payment illegal abstraction of electric energy, but also to take all legal action whenever such abstraction was detected. On receiving a telephone message he went to the place of occurrence, inspected the premises of the accused and on detecting the said illegal abstraction of electric energy lodged the F.I.R. at the Police Station. At the trial nothing was asked to him questioning his authority to lodge the F. I. R. Upon these facts, the Court held that the criminal case was instituted by a competent person.
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