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SCR.A/773/2010 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 773 of 2010
=========================================================
MOHMMED
YUNUS YUSUFKHAN PATHAN - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance :
MR
TARAK DAMANI for
Applicant(s) : 1,
Mr UA Trivedi, A.PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 04/05/2010
ORAL
ORDER
Leave
to join the Electricity Company as party respondent.
Heard
Mr Tarak Damani, learned Advocate for the applicant.
Mr
Damani has placed reliance on a decision of the Punjab and Haryana
High Court reported in (2007 Cr.L.J. 429) in the case of
M/s.Mahalakshmi Spinners Ltd. & Ors, v. State of Haryana
and Anr., and a decision of the Mumbai High Court
reported in (2006(2) Mh.L.J.) in the case of Shakambari
Industries, Akola and anr. v. State of Maharashtra and anr
and submitted that cognizance of offence under the new
Electricity Act can be taken only on a complaint made in writing by
an authorised officer. Learned Advocate has further referred to the
amended provisions of section 151A of the Electricity Act.
In
view of the above submissions,
Issue
NOTICE to the respondents, returnable on 22nd June, 2010.
Meanwhile, ad-interim relief in terms of para 7 [C].
[ANANT
S. DAVE, J.]
msp
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