Criminal Misc. No. 54350-M of 2006 -1- *** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. 54350-M of 2006 Date of decision January 29, 2008 Shri Rajinder Pal .....Petitioner Versus State of Haryana and others ...Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. J.K.Goel, Advocate for the petitioner Mr. Yashwinder Singh, Assistant Advocate General, Haryana for respondent no.1. Mr. Narender Hooda, Advocate for respondents no.2 and 3. RAJESH BINDAL, J. The prayer made in this petition filed under Section 482 of the Code of Criminal Procedure ( for short “the Code”) is for quashing of FIR No. 174 dated June 7, 2006 registered under Sections 379 IPC and 39 of the Electricity Act, 2003 ( for short “the Act”) at Police Station, Garaunda District Karnal and subsequent proceedings arising therefrom. At the very out set learned counsel for the petitioner submitted that the legal issue raised in the present petition is squarely covered by the judgment of this Court delivered on January 22, 2008 in Criminal Misc. Petition No. 15719-M of 2005 ( Dhan Raj Jain and another Vs. State of Haryana and another) where in identical circumstances, the FIR registered for theft of energy was quashed on the ground that in terms of provisions of the Act existing at the relevant time, the Court could take cognizance of the offence of theft of energy only on a complaint filed by the competent authority and not on a report presented by the Police under Section 173 of Criminal Misc. No. 54350-M of 2006 -2- *** the Code. Learned counsels appearing for the respondents do not dispute the proposition of law laid down by this Court in Dhan Raj Jain's case (supra). Accordingly, for the reasons stated in Dhan Raj Jain's case (supra), which shall form part of this order, the FIR No. 174 dated June 7, 2006 registered under Sections 379 IPC and 39 of the Electricity Act, 2003 at Police Station, Garaunda District Karnal and all subsequent proceedings arising therefrom are quashed. However, Uttari Haryana Bijli Vitran Nigam Limited will be at liberty to file a criminal complaint, if so advised. The petition is disposed of, accordingly. January 29 , 2008 (Rajesh Bindal) Pka Judge