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1 - 10 of 15 (0.33 seconds)Section 126 in The Electricity Act, 2003 [Entire Act]
Section 127 in The Electricity Act, 2003 [Entire Act]
The Code of Criminal Procedure, 1973
Section 152 in The Electricity Act, 2003 [Entire Act]
Punjab State Power Corporation Ltd. And ... vs M/S Akal Foods Pvt Ltd And Anr on 12 January, 2017
11. While rebutting the aforesaid arguments, counsel for the
petitioner has contended that the registration of the FIR was delayed on
account of the fact that the meter in question had to be tested with the ME
Lab. Various notices were issued to the respondent No.2, however, he chose
not to appear and that it was only thereafter that the inspection was
conducted. Upon receipt of the report from the ME Lab, the intimation for
registration of the FIR was sent promptly on 19.01.2015 and the FIR was
thereafter registered by the Police on 13.02.2015. The delay was thus not
attributable to the petitioner Corporation. She further contends that the
argument is even otherwise fallacious inasmuch as the question of validity
of registration of the FIR is distinct and separate from the question of
jurisdiction and authority conferred upon the Appellate Authority and both
of them have to be examined in an independent domain. Assuming for the
sake of the arguments and without conceding to the same, even if the said
contention is to be accepted, the same itself would not confer any authority
or power on the Appellate Authority to pass orders in appeals in cases
relating to Section 135 of the Electricity Act, 2003. She further contends that
insofar as reference to the Single Bench Judgment in the matter of "Punjab
State Power Corporation Limited versus Ms/ Akal Foods Pvt. Ltd. and
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Neutral Citation No:=2023:PHHC:105795
CWP-21355-2015 -8- 2023:PHHC:105795
another" reported as AIR 2017 (Punjab) 82 as upheld by the Division
Bench in LPA No. 951 of 2017 (supra) is concerned, the same is not
applicable to the facts of the present case, since the Division Bench had
specifically recorded the finding that it was a case of unauthorized of use of
electricity and that Section 135 of the Electricity Act had been wrongly
mentioned therein. Since, the finding recorded by the Division Bench, was
that the proceedings had been initiated under Section 126 of the Electricity
Act, 2003, and mentioning of Section 135 in the said order of Assessment
was an irregularity, hence, the Sub Divisional Magistrate would be entitled
to hear the appeal under Section 127 of the Electricity Act, 2003.