Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 406, 109 & 462-C---Criminal Procedure Code (V of 1898), S.561-A---Criminal breach of trust, abetment, offence committed by person entrusted with custody---Quashing of proceedings---Facts of the case as stated by the complainant/Acting Deputy Chief Engineer, of the Gas company, were that Filling Station owned by the petitioners, was connected to the 'SSGCL' System after issuance of Marketing Licence by 'OGRA'---Petitioners as per terms and conditions of agreement between the petitioners and 'SSGCL', petitioners/owners of Filling Station in question, were required to use one compressor having capacity 17650 CFt/hour, but complainant noticed that one additional compressor of the same capacity was also installed by the petitioners at the said CNG Station without approval of the 'SSGCL'---Complainant lodged complaint, wherein he mentioned that petitioners had installed unauthorized compressor, and one gas generator due to which SSGCL sustained heavy losses; on account of interfering with the distribution line by accused persons; and had committed gas theft---Evidence and material available on record, had shown that Deputy General Manager and Chief Engineer 'SSGCL', had exonerated petitioners of all the charges; and so also the charge sheet, wherein it was categorically stated that by Field Proving Report and Meter Testing Report, no tampering was done with the meter---No evidence was available to suggest tampering/alteration with the meter and distribution line, and no gas theft was pointed out---Provisions of S.462-C, P.P.C. were not attracted in the case---Continuation of proceedings before the Trial Court against the petitioners, would be an exercise in futility, wastage of time and abuse of the process of court---Proceedings pending before the Trial Court emanating from FIR under Ss.406, 109, 462-C, P.P.C. against the petitioners, were quashed, and they were acquitted from the charges levelled against them, in circumstances. 2000 SCMR 122; 2011 SCMR 863; 1994 SCMR 798; 2009 YLR 169; NLR 1999 Criminal 181; PLD 1997 SC 275; Habibullah Khan v. The State 2000 PCr.LJ 1898 and Moula Bux and another v. The State PLD 2010 Kar. 204…

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