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Petitioner: NASIBURREHMAN VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Aslam Riaz Hussain Title: NASIBURREHMAN vs THE STATE Case No.: Criminal Miscellaneous No 535 of 1973 Date of Judgment:1976-06-06 Reported As: 1977 P Cr. L J 109 Result: Petition allowed
Judgment ORDER ' This is an application by Nasib-ur-Rehman under section 561-A, Cr. P. C. For the abashment 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.