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Criminal Miscellaneous Application No. 39 of 1984, decided on 2nd April, 1984.
S. 561-A-Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 14 -Electricity Act (IX of 1910), S. 39/50 ---Unauthorised use of electricity-Report of offence lodged by a Police Inspector - Police Officer, held, being not competent to file complaint, proceedings against accused quashed.
1977 P Cr. L J 109 ref.
Rahman Khan for Petitioner.
Kazi Khalid Alf for Respondent No. 2.
A. A. Muhammadally, A. A.G. for the State.
Date of hearing: 12th March, 1984.
This is an application under section 561-A, Cr. P. C. for quashment of proceedings under section 39 of Electricity Act of 1910 and under section 14 of Offence against Property Ordinance, 1979, pending against the applicants in the Court of Special Magistrate, K. E. S. C. at Karachi.
2. The fact of the prosecution case are that on 27th December, 1982 Saleh Muhammad Khan, S. H. O. Police Station K. E. S. C. received spy information that Ahmad Ali Baig resident of House No. 300-A, Moinabad Landhi, Karachi using unauthorised electricity without any valid documents. He went and found that Ahmad Ali Baig had no valid documents and he got this connection through Rashid Ali Inspector. He went and lodged the report. Charge-sheet against Ahmad Ali Baig, Rashid Ali and Aurangzeb was filed in the Court of Special Magistrate K. E. S. C. where the case is pending.
3. Mr. Gul Zaman, Advocate for petitioners contended that under section 50 of the Electricity Act, 1910 no prosecution shall be instituted against any person for any offence under this Act except by the Government or the Electric Inspector or the person aggrieved by the offence in question. He has relied on a case reported in 1977 P Cr. L J 109.
4. I have heard Mr. Khalid Ali, Advocate for K. E. S. C. and Mr. A. A. Muhammadally, A. A. G. for the State.
5. The learned counsel for the State conceded that complaint in the present case has been filed by one Muhammad Saleh, Inspector of K. E. S. C. Police who is not competent to lodge the report as con templated under section 50 of the Electricity Act. He has supported the quashment application.
6. I also agree with the view that the Police Inspector is note competent to file complaint. In the result this application for quashment is accepted and proceedings are quashed. There is no bar in filing fresh complaint by a person authorised under the Law.
M. Y. H. Application allowed.
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