Crl. Misc. No. M – 15546 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. Misc. No. M – 15546 of 2009 Date of decision:- 15.2.2010 Naveen Kumar ... Petitioner Versus State of Haryana & Ors. ... Respondents CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. Anurag Jain, Advocate, for the petitioner. Mr. Paramjit Batta, Addl. A.G., Haryana. Gurdev Singh, J (oral) Heard. No one has come present on behalf of respondent No.2 and 3 though the petition was passed number of times. Originally the petitioner filed this writ petition under Article 226/227 of the Constitution of India, for the issuance of a writ in the nature certiorari for quashing the order dated 24.1.2009 (Annexure P-1) and order dated 25.8.2008 (Annexure P-2) and also for quashing of FIR No.596 dated 3.9.2003, registered at Police Station Sadar Hisar, under Section 379 IPC and 39 of Indian Electricity Act, 2003. That writ petition was ordered to be treated as a petition under Section 482 of the Code of Criminal Procedure, vide order dated 28.5.2009. At the time of arguments, learned counsel confined his prayer to the quashing of the FIR. Crl. Misc. No. M – 15546 of 2009 -2- This case is squarely covered by judgment of this Court in Shri Rajinder Pal Versus State of Haryana and other, 2008(3) RCR (Criminal), 741. In the present case the FIR was registered regarding the theft of electric energy on 3.9.2003 and admittedly the Electricity Act, 2003 had already came into force by that time. As held in Rajinder Pal'case (Supra), after coming into force of that Act, Court can take cognizance of offence only on a complaint by the competent authority and not on report presented by the police under Section 173 of Cr.P.C. In view of ratio of said judgment, the above said FIR and all the subsequent proceedings are ordered to be quashed. Petition is disposed of accordingly. February 15, 2010 (Gurdev Singh) tripti Judge