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CR.MA/6377/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 6377 of 2010
=========================================================
MUKESHKUMAR
HARSUKHLAL PAREKH - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
PB KHANDHERIA for
Applicant(s) : 1,
MR MG NANAVATY, APP for Respondent(s) : 1,
None
for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 19/07/2010
ORAL
ORDER
The
petitioner seeks quashing of complaint Annexure-A. Complaint pertains
to alleged theft of electricity. Case of the petitioner however, is
that premise where theft of electricity connection has taken place,
was already been leased out by the petitioner through written lease
deed entered into between the petitioner and the lessee. If at all,
it was lessee who might have committed some irregularities.
Petitioner in any case cannot be proceeded against for such action.
Counsel for the petitioner however, candidly stated that neither in
the record of the electricity company such lease is in the record nor
name of the consumer changed.
Be
that as it may, if theft is committed by lessee, surely petitioner
cannot be hauled up for the same. However, this remains a
consequential issue to be decided on the basis of evidence that may
be brought on record with respect to which I offer no comments.
Needless
to say, if the petitioner produces necessary material before the
Investigating Officer, same will be taken into account before filing
final report with respect to the complaint in question.
With
above observations, the petition is dismissed.
(Akil
Kureshi,J.)
(raghu)
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