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
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 ?
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
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
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
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.
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.
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.
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
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.
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 ..
The Section 135 1A of The Electricity Act 2003 ,"Provided further that such officer of the licensee or supplier, as the case may be, shall lodge a complaint in writing relating to the commission of such offence In police station having jurisdiction within twenty four hours from the time of such disconnection: And Electricity Supply Code , 2005 8.6 (b) In case sufficient evidence is found to establish direct theft of electricity, officer of the concerned Licensee authorised by the Commission shall immediately disconnect the supply of electricity. Further such officer of the Distribution Licensee shall lodge a complaint in writing relating to the commission of such an offence with the concerned police station, having jurisdiction over such area where such an offence of theft has been committed, within twenty four hours from the time of such disconnection. A copy of the FIR shall be served on the consumer under proper receipt within two days of filing of FIR. i. As per the provisions of the Act and as provided herein, does not absolve the authorized officer of the licensee or supplier, from lodging the complaint in a police station within 24 hours from the time of disconnection and filing a case before the Special Court, within 30 days from the date of disconnection. On failure to file a case before the Special Court within 30 days of disconnection. It shall be construed that the licensee has failed to achieve and maintain the standards of performance and the aggrieved consumer can directly approach the Commission for the failure of the licensee in discharging its obligation under section 57 of the Act and the authorized officer of licensee or supplier shall restore supply on interim payment of assessed amount, calculated at 1.0 times of existing tariff, less payment already made by the consumer for the period of assessment with 48 hours of such deposit or payment. The Authorized Officer shall subsequently take action for filing the case before the Special Court. ii. The authorized officer can lodge an F.I.R with police station concerned and in addition can file a complaint in writing to the Special Court which is constituted for the purpose of determining the criminal and civil liability,
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
File a writ petition for quashing of the FIR on this ground saying that the department is acting illegally for some malafide reasons.
Regards
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.
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.