IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. 2613-M of 2007 Date of decision: 20th January, 2009 Rajiv Kumar … Petitioner Versus State of Haryana … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Bijender Dhankar, Advocate for the petitioner. Mr. S.S. Mor, Senior DAG Haryana for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) On January 7, 2009, this Court had called for the status report from the Judicial Magistrate (1st Class), Sonepat. He had stated that in the present case, challan/ report under Section 173 Cr.P.C. was filed on 30th October, 2006. The case is pending for consideration regarding framing of charge. On more than seven occasions, defence counsel has sought date. Counsel for the petitioner has relied upon ‘M/s Mahalakshmi Spinners Ltd. and others v. State of Haryana and another’ 2007 (1) RCR (Criminal) 387 to contend that no FIR can be registered under Section 379 IPC. Counsel further submits that only complaint to Court is competent under the new Electricity Act, which came into operation in year 2003. It has been held that for theft, provisions of Section 135 of the Electricity Act are to apply and the cognizance can only be taken by the Court on filing of the written complaint. Criminal Misc. No. 2613-M of 2007 After registration of the FIR, a report under Section 173 Cr.P.C. has been submitted. It will be appropriate that this argument is raised by the petitioner, before the trial Court at appropriate stage before framing of the charge. Trial Court will take these legal submissions of the petitioners into consideration and pass a speaking order. Needless to say, the petitioner will be at liberty to assail the order of the trial Court. With these observations, present petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE January 20, 2009 rps 2