IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA WRIT PETITION NO.47079/2017 (GM-RES) BETWEEN:
SMT.TABASSUM SULTHANA W/O SYED SADIQ AGED ABOUT 40 YEARS R/AT NO.705, 9TH BLOCK, VBHC APARTMENT BYAGADADENAHALLY AT POST ANEKAL TALUK BANGALORE URBAN DISTRICT – 562 106. …PETITIONER (BY SMT.J.KALADEEPA, ADV. FOR SRI G.S.PATIL, ADV.) AND:
1. THE CHAIRMAN BESCOM, CAUVERY BHAVAN K.G.ROAD BANGALURU – 560 009.
2. THE ASSISTANT EXECUTIVE ENGINEER (ELE) COMMERCIAL, EXECUTIVE AND MAINTENANCE SUB-DIVISION, ANEKAL TOWN BANGALURU URBAN DISTRICT – 562 106.
3. THE POLICE INSPECTOR (VIGILENCE) BESCOM, RAMANAGARA CIRCLE NEAR RAILWAY STATION RAMANAGARA TOWN 4. THE ASST. EXECUTIVE ENGINEER VIGILANCE POLICE STATION BESCOM, RAMANAGARA TOWN.
5. THE POLICE INSPECTOR VIGILANCE POLICE STATION BESCOM, RAMANAGARA TOWN. ...RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CR.P.C., PRAYING TO QUASH THE FIR IN CR.NO.43/2017 DATED 11.08.2017 REGISTERED BY THE R-5 SO FAR AS AGAINST THE PETITIONER CONCERNED VIDE ANNX-D1 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned Counsel for the petitioner. Perused the records. The first information report in Crime No.43/2017 for the offence under Section 135 of the Indian Electricity Act, 2003 has been registered by the respondent/Police against the petitioner and another. Though the complaint was lodged earlier by the petitioner stating that she has not been in possession and enjoyment of the house in No.287/13 of Anekal Town, but the BESCOM officer when he visited, he found that the petitioner and another were using the electricity by way of drawing the electricity from the main line.
2. Under the above said circumstances, during the course of investigation, the Police have to find out whether the petitioner herein is in actual possession and enjoyment of the said property or not.
3. The petitioner is at liberty to submit all the materials showing that she was not in possession of the property and after receiving the said material, Police have to complete the investigation and submit appropriate report to the Court. If any adverse report is submitted, petitioner is at liberty to approach this Court once again.
With such liberty, the petition is disposed of.
Sd/- JUDGE KNM/-