Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Criminal Miscellaneous No. 535 of 1973, decided on 7th June 1976:
‑‑ S. 561‑A read with Electricity Act (IX of 1910), S. 50‑Quashment of proceedings‑Prosecution under Electricity Act‑Only C3overn ment or Electricity Inspector competent to launch‑‑Complaint instituted by Police Officer, in contravention of provisions contained in S. 50 of Act--‑Held: Incompetent and quashed.‑[Quashment of proceedings.
Ghulam Rasool Waraich for Petitioner.
Sardar Roshan Ali for the State.
This is an application by Nasib‑ur‑Rehman under section 561‑A, Cr. P. C. for the quashment of proceedings under section 39‑A of the Electricity Act, pending against him in the court of the Special WAPDA Magistrate, Lahore (Camp at Gujranwala).
2. The allegation against the petitioner is that he was extracting electricity illegally by having installed a much heavier electric motor than was sanctioned. The petitioner's counsel, however, submitted that it has been provided by section 50 of the said Act that no prosecution shall be instituted against any person for offence under this Act except by the Government or the Electricity Inspector or the person aggrieved by the offence in question.
3. The learned State counsel concedes that complaint in the present case has been filed by one Saadat Ali, a Police Inspector and the same is therefore not competent in view of the provisions of section 50 of the Electricity Act.
The matter can, however, be looked into again if the complaint is filed by a person authorized under the law.
4. The application is, therefore, accepted and the proceedings against the petitioner are quashed.
Petition allowed.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer