OMKARNATH S PARASHAR Vs. STATE OF GUJARAT
LAWS(GJH)-2005-10-54
HIGH COURT OF GUJARAT
Decided on October 11,2005

OMKARNATH S PARASHAR Appellant
VERSUS
STATE OF GUJARAT Respondents


Referred Judgements :-

SANJAY VERMA VS. STATE OF HARYANA [REFERRED TO]
BALBIR SINGH VS. STATE OF HARYANA [REFERRED TO]
SHEKHAR AND ANR.,VS. STATE OF MAHARASHTRA AND ANR. [REFERRED TO]
AVTAR SINGH VS. STATE OF PUNJAB [REFERRED TO]
SOHAN LAL VS. STATE OF RAJASTHAN [REFERRED TO]
RANBIR YADAV VS. STATE OF BIHAR [REFERRED TO]
KRISHNAN VS. KRISHNAVENI [REFERRED TO]
PRASANTA KUMAR VS. STATE OF WEST BENGAL [REFERRED TO]
STATE VS. NAVJOT SANDHU alias AFSHAN GURU [REFERRED TO]
JASVINDER SINGH VS. STATE [REFERRED TO]
NEELAM JOLLY VS. STATE NATIONAL CAPITAL TERRITORY OF DELHI [REFERRED TO]
STATE OF PUNJAB VS. TARA SINGH [REFERRED TO]


JUDGEMENT

- (1.)Rule. Mr. Mukesh Patel, learned APP and Mr. S.N. Sinha, learned advocate waives service of rule on behalf of Respondent Nos. 1 & 2 respectively. Since the complaint is of 1991, the matter is heard finally.
(2.)The petitioner has filed this petition under Section 482 of the Criminal Procedure Code praying for quashing and setting aside the orders dated 31.3.2003 at Annexure-A and the order dated 22.4.2004 at Annexure-B passed by the learned JMFC, Veraval and the learned Additional Sessions Judge, Junagadh, respectively and also praying for deletion of the charges framed against the petitioner under Section 379 of the I.P.C. The petitioner has also prayed for quashing and setting aside the complaint being Criminal Case No.1301/1991 pending before the learned JMFC Veraval.
(3.)It is the case of the petitioner that the Officer from the Gujarat Electricity Board (G.E.B.) " respondent No.2 herein had visited the factory premises of the petitioner and alleged the theft of the energy against the petitioner, and thereby had issued a bill of approximately more than Rs.1,60,000/-. The petitioner, therefore, raised objections against the said exorbitant bill issued by the concerned Officers of the GEB. Without taking the said objections into consideration, the GEB went ahead and registered a complaint against the petitioner being Criminal Case No.1301/1991 before the JMFC, Veraval for the offence punishable under Section 379 of the I.P.C., read with Section 39 of the Indian Electricity Act, 1910 alleging theft of energy.


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