
Patna High Court has quashed an FIR for electricity theft under Section 135 of the Electricity Act, ruling that mere non-payment of dues is not theft without proof of meter tampering or…
Patna High Court has quashed an FIR for electricity theft under Section 135 of the Electricity Act, ruling that mere non-payment of dues is not theft without proof of meter tampering or disconnection. Justice Jitendra Kumar observed that the inspection report showed the meter was functional and its reading increased naturally, contradicting the allegation of illegal restoration. The petitioner owed Rs 5.39 lakh but denied disconnection. The court held the case as a civil liability, not a criminal offence, and quashed the FIR.

This ruling is a necessary check on power companies that too readily brand defaulters as thieves. The court rightly saw that a running meter and lack of tampering evidence point to a civil dues dispute, not a criminal one. But the victim narrative of utilities often goes unchallenged. The test now is whether Bihar’s distribution company will stop filing criminal cases for mere non-payment, or keep relying on vague inspection reports to bypass recovery procedures.
Source: livelaw.in
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