Uttarakhand High Court
WPCRL/1233/2012 of ROOP CHAND Vs STATE OF UTTARAKHAND AND ORS on 31 December 2012
of 2012 Hon’ble Servesh Kumar Gupta, J. Mr. Narendra Bali, Advocate for the petitioner. Mr. K.S. Rautela, AGA for the State. Having heard learned counsel for the parties, it appears that petitioner was found indulged in pilferage of 0.260 KW of electricity installed for domestic purpose.
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WPCRL No. 1233 of 2012
Hon’ble Servesh Kumar Gupta, J.
Mr. Narendra Bali, Advocate for the petitioner.
Mr. K.S. Rautela, AGA for the State.
Having heard learned counsel for the parties, it appears that petitioner was found indulged in pilferage of 0.260 KW of electricity installed for domestic purpose. An excessive amount Rs. 2,25,106/- has assessed by Executive Engineer for the said pilferage. From perusal of the Annexure no. 2 to the petition, it is not clear on what basis the said amount has been calculated.
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Looking to the intensity of pilferage of electricity installed for domestic purpose, the said amount is reduced to the tune of 10% of the amount, so calculated by Rakesh Kumar, Executive Engineer.
In view of facts and circumstances of the case, it is directed that if petitioner deposits 10% of the said amount, so calculated by Executive Engineer, then he shall not be arrested during the course of investigation in connection with case crime no. 590 of 2012 under Section 135 of the Electricity Act, police station Kotwali Nagar, District Haridwar provided he cooperates with the Investigating Officer.
If petitioner deposits the aforesaid amount, then this order will remain operative, till the filing of report by the Investigating Officer, either in the form of chargesheet or final report, in the court concerned.
With the above observations, this petition as well as stay application no. 14044 of 2012 stand finally disposed of.
(Servesh Kumar Gupta, J.)
31.12.2012