Law: Electricity Act, 1910

Section: 26A,39A,48

Law: Constitution of Pakistan, 1973

Section: 199

Law: Criminal Procedure Code (V of 1898)

Section: 249A

Law: Pakistan Penal Code, 1860

Section: 379

Electricity Act (IX of 1910)--­ ----Ss. 26-A, 39-A & 48---Penal Code (XLV of 1860), S.379---Constitution of Pakistan (1973), Art.199---Theft of electricity and tempering of electric meter---Registration of criminal case and issuance of show-cause notice--­ Constitutional petition---Competency---Team of Authority headed by Resident Magistrate raided petitioner's mill and found electric meter of petitioner tempered with---On report of raiding party a criminal case-was registered against petitioner, electric connection was disconnected and electric meter was removed---Petitioner challenged said action of Authority before Electric Inspector, but without waiting decision of Electric Inspector, he filed Constitutional petition in which action of Authority was challenged---Competency of Constitutional petition---Petitioner having himself chosen a forum i.e. Electric Inspector for redressal of his grievance he should have pursued remedy available to him under law before Electric Inspector---No case for interference in Constitutional jurisdiction of High Court had been made out in fact and circumstances of case---Even if petitioner was acquitted by Criminal Court under 5.249-A, Cr.P.C. said of Criminal Court would not-affect action taken by Authority on report of raiding party. Chairman, WAPDA and 2 others v. Advisory Board, Punjab. Lahore and 2 others 1987 CLC 1503; Water and Power Development Authority and others v. Mian Muhammad Riaz and another PLD 1995 Lah. 56 and Khalid Pervaiz v. Water and Power Development Authority through Chairman, WAPDA and another 1999 CLC 1591 ref. JUDGMENT The petitioner is a textile company and engaged in the manufacturing and sale of yarn. On 22-9-1997, a team of the WAPDA officials headed by the Resident Magistrate Comprising of Superintending Engineer and Executive Engineer concerned raided petitioner's mills premises and found that there was a tempering with the meter, that the electricity connection was disconnected and that the meters were also removed. A case vide F.I.R. No.408/97 dated 22-9-1997 under section 39-A of the Electricity Act read with section 379, P.P.C. was registered with Police Station Saddar, Raiwind, District…

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