Civil Procedure Code (CPC)

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Rahul Mehrotra   02 October 2019

Against whom FIR u/s 135 of Electricity Act be lodged?

Can a FIR be lodged against a person under section 135 of The Electricity Act, who is just a employee in a office and neither a partner/owner of the said office nor owner of the premises where the office is situated?Kindly also provide some case law regarding this. Thank You.


 7 Replies

G.L.N. Prasad (Retired employee.)     03 October 2019

Any Indian citizen can file a complaint to the police, and the receipt given by Police is called the First Information Report.  Generally, unless the citizen is himself a victim, the police may not entertain a complaint as there is no harm for the body or property of the complainant.

The proper way is to complain to that Vigilance dept., with such documentary evidence, wait for a month filing RTI Application seeking information on action taken, and finally going to HC praying for directions to that dept., for taking action against all offenders in larger public interest.

P. Venu (Advocate)     03 October 2019

You have not posted the material facts.

Sudhir Kumar (Dy Director)     06 October 2019

give full facts of the case.

Sudhir Kumar (Dy Director)     06 October 2019

Originally posted by : Rahul Mehrotra
Can a FIR be lodged against a person under section 135 of The Electricity Act, who is just a employee in a office and neither a partner/owner of the said office nor owner of the premises where the office is situated?Kindly also provide some case law regarding this. Thank You.

 

 

Who is registered consumer and how the sad person is relataed to him .

Rahul Mehrotra   09 October 2019

The facts of the case are that a person, 'A', who was working as cameraman in a local news channel was present in the office of said channel when the vigilance dept. raided the office and found that there is no legal electricity connection and the office was using electricity illegally by tapping from a nearby pole. Despite the fact, that 'A' told them that he is only a employee there and the owner of the said channel use to live in Guru gram and has made tenency agreement with the owner of the building where the office is situated and also appointed one 'B' as caretaker of the office, the vigilance dept. lodged FIR against 'A' showing him as manager of the office. My question is that whether 'A' can be held liable for electricity theft? At present there is a legal connection now in the name of the caretaker of the office.
Stage of criminal proceedings against A: charge
s heet has been filed and NBW has been issued against 'A'. But since he doesn't appear, proceedings u/ s 82, 83 CrPC has been initiated against 'A'.

G.L.N. Prasad (Retired employee.)     09 October 2019

I am afraid that when the office is for a channel, booking a case against an employee by Police is unknown and this may not be the entire fact.  This must be a conspiracy and several persons may be knowing more facts of the theft of such power.

1 Like

Sudhir Kumar (Dy Director)     10 October 2019

The person is tightyening the web around him by absconding.  He has (as apparent) done nothing to get the FIR quashed from high court.

1 Like

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