• Section 135 under Electricity Act 2003 - can FIR be registered under this section after 40 days

ON 06/10/2017 the SNDL  permanently disconnected my electricity and took away my meter . ON 06/12 /17  I RECEIVED a notice from the police station that  on 18/11/17 the SNDL registered a FIR against me under Section 135 of the electricity act 2003 for theft  of electricity . That from 06/10/17 to  06/12/17 , I didn't received any notice from SNDL or the police station . No panchnama or assessment or any document are signed by me ,but they reported that I refused to sign . But they did not sent me any notice by registered post . 
Can a FIR be registered after 40 days ? 
What is the remedy for me now ?
Asked 7 years ago in Criminal Law
Religion: Sikh

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

12 Answers

Yes fir can be filed after 40 days, however 135 cases are routine cases under this act, and genraly electricity board donlike this, matter will be listed in court now, and you would have tondecide whether you eas guilty or contest

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

1) you should pay the assessment charges , compounding charges and seek restoration of electricity supply

2)FIR can be registered after period of 40 days

Ajay Sethi
Advocate, Mumbai
96808 Answers
7811 Consultations

There is no time limit to register FIR.After several months from the date of commission of offence also the FIR can be registered.

If there is theft of electricity or manipulation of the electric meter then there is likely to be registration of IF.

If FIR is registered you will receive a Bill wilh a huge default amount .

Once You pay this money you can get bail from the court of law.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
511 Consultations

in cases under section 135 no notices will be issued.

Get a anticipatory bail or regular bail from the Court.

Pursue your case before the Honourable Magistrate Court.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

There must be cogent reasons and an explanation behind the delay of 40 days in lodging of the FIR. If they cannot explain the delay which has occurred, it will be presumed that the criminal process has been pressed into motion on flimsy and unsustainable grounds. Also, they will need inspection report, seizure report etc., from the day when they raided your place, besides photographs etc., to prove your guilt.

In any view of the matter, theft cases detected under Section 135 are compoundable as per Section 152 of the

Electricity Act 2003. This compounding of the offence is done if the accused show willingness to pay the civil liabilities and compounding charges.

You may approach the authorities and get this compounded.

If you are willing to, you can challenge this FIR in the High Court.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Yes FIR can be registered after a duration of 40 days also.

It being a compoundable offence, you can pay the assessment fee and get the FIR closed.

Pay the amount only if you agree with the same, if you do not agree with the same then fight for the case.

In case you do not want to pay the assessment fee then in my advise obtain an Anticipatory Bail.

Let me know if I can be of some help.

Regard

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Yes , under the provision of electricity act , FIR can be registered. However, as per principle of natural justice , the department is required to give you notice to enable you to speak up of your version. You can approach the competent court to quash the FIR, if you find, the electricity department has not given to an opportunity of hearing.

Parkash Chand Bhardwaj
Advocate, Hamirpur
120 Answers

Hello sir , it is s bailable offence , therefore you can appear before court and take bail .. Since the FIR has been registerd therefore , you have to face the trial ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

if FIR is not filed within 24 hours as provided in section 135 of electricity act file writ petition in HC for quashing of FIr under section 482 of cr pc

Ajay Sethi
Advocate, Mumbai
96808 Answers
7811 Consultations

File a writ petition for quashing of the FIR on this ground saying that the department is acting illegally for some malafide reasons.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Firstly you obtain AB for the FIR registered against you.

The delay in registering the FIR and other aspects are to be challenged during trial proceedings and not at this stage.

T Kalaiselvan
Advocate, Vellore
87009 Answers
2335 Consultations

If you feel that you have been unnecessarily harassed by the authorities concerned to avenge you on some personal score and have not followed the procedures as per the provision s of law in this regard and have done gross injustice, you may even approach a civil court with an application seeking injunction against the authorities from disconnecting the supply and to restore the services immediately.

As far as the commission of offence as registered in the FIR, you may have to challenge the same in the trial proceedings only and not at this stage.

T Kalaiselvan
Advocate, Vellore
87009 Answers
2335 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer