Paschim Gujarat Vij Co. Ltd. vs ROSHANBEN HUSAINBHAI MUDRAKH MALEK Advocate - M O ISHANI — 280/2023

Case under Electricity Act, 2003 Section 135. Disposed: Contested--JUDGMENT BY ACQUITTAL on 30th April 2026.

Case disposed

ELEC - SPECIAL CASE - ELECTRICITY

CNR: GJJM010038152023

Filing Number

280/2023

Filing Date

16-Oct-2023

Registration No

280/2023

Registration Date

16-Oct-2023

Court

DISTRICT AND SESSIONS COURT JANMAGAR

Judge

15-4th Addl District Judge

Decision Date

30-Apr-2026

Nature of Disposal

Contested--JUDGMENT BY ACQUITTAL

Last updated 12-Jun-2026

FIR Details

FIR Number

2062

Police Station

GUVNL POLICE STATION - JAMNAGAR DISTRICT

Year

2023

Acts & Sections

Electricity Act, 2003 Section 135

Petitioner(s)

  1. 1.Paschim Gujarat Vij Co. Ltd.

    Adv. P J PARMAR

Respondent(s)

  1. 1.ROSHANBEN HUSAINBHAI MUDRAKH MALEK Advocate - M O ISHANI

Case History

  1. Case disposedDisposed

  2. 30-Apr-2026

    JudegementView PDF

    Case Summary: 280/2023 Court Decision: The Special Electricity Act Court acquitted the accused, Roshanben Husainbhai Mudrakh Malek, under Section 135 of the Electricity Act, 2003, finding that the prosecution failed to prove the electricity theft charge beyond reasonable doubt. Key Reasoning: The court identified critical procedural and evidentiary deficiencies in the prosecution's case, including: (1) the checking/inspection was conducted without proper authorization or independent witnesses, violating Section 135(2) of the Act and CrPC Sections 100-102; (2) failure to establish the accused's continuous possession of the premises through revenue records or other documentary evidence; (3) incomplete panchnama lacking meter and wire details; (4) inconsistencies in the accused's residential address across identity documents; and (5) the gap between the alleged offense date (02/06/2023) and the panchnama date (12/08/2023). The court invoked precedent from *State of Gujarat v. Jayantibhai Jivanbhai Gohil (2023)* emphasizing the necessity of proper meter and wire verification during electricity theft prosecutions. This case analysis is maintained by casestatus.in based on publicly available court records.

  3. 30-Apr-2026

    Disposed

    4th Addl District Judge

  4. 23-Apr-2026

    Final Arguments

    4th Addl District Judge

  5. 04-Apr-2026

    Final Arguments

    4th Addl District Judge

  6. 16-Mar-2026

    Final Arguments

    4th Addl District Judge

  7. 18-Feb-2026

    Final Arguments

    4th Addl District Judge

  8. 29-Jan-2026

    Final Arguments

    4th Addl District Judge

  9. 03-Jan-2026

    Final Arguments

    4th Addl District Judge

  10. 26-Dec-2025

    Final Arguments

    4th Addl District Judge

  11. 03-Dec-2025

    Final Arguments

    4th Addl District Judge

  12. 12-Nov-2025

    Final Arguments

    4th Addl District Judge

  13. 08-Oct-2025

    Final Arguments

    4th Addl District Judge

  14. 15-Sep-2025

    Final Arguments

    4th Addl District Judge

  15. 25-Aug-2025

    Final Arguments

    4th Addl District Judge

  16. 07-Aug-2025

    Further Statement

    4th Addl District Judge

  17. 10-Jul-2025

    Evidence Of Prosecution

    4th Addl District Judge

  18. 18-Jun-2025

    Evidence Of Prosecution

    4th Addl District Judge

  19. 31-May-2025

    Evidence Of Prosecution

    4th Addl District Judge

  20. 08-May-2025

    Evidence Of Prosecution

    3rd Addl District Judge

  21. 28-Feb-2025

    Evidence Of Prosecution

    Addl.district & Sessions Judge

  22. 20-Dec-2024

    Evidence Of Prosecution

    Addl.district & Sessions Judge

  23. 22-Oct-2024

    Evidence Of Prosecution

    Addl.district & Sessions Judge

  24. 29-Aug-2024

    Framing Of Charge/Plea

    Addl.district & Sessions Judge

  25. 19-Jul-2024

    Framing Of Charge/Plea

    Addl.district & Sessions Judge

  26. 10-May-2024

    Opening Up Of Case By Prosecution

    3rd Addl District Judge

  27. 01-Mar-2024

    Opening Up Of Case By Prosecution

    3rd Addl District Judge

  28. 15-Dec-2023

    Opening Up Of Case By Prosecution

    3rd Addl District Judge

  29. 25-Oct-2023

    First hearing

    Initial hearing scheduled

  30. 16-Oct-2023

    Case filed

    Registration No. 280/2023

casestatus.in Summary

Case Summary: 280/2023 Court Decision: The Special Electricity Act Court acquitted the accused, Roshanben Husainbhai Mudrakh Malek, under Section 135 of the Electricity Act, 2003, finding that the prosecution failed to prove the electricity theft charge beyond reasonable doubt. Key Reasoning: The court identified critical procedural and evidentiary deficiencies in the prosecution's case, including: (1) the checking/inspection was conducted without proper authorization or independent witnesses, violating Section 135(2) of the Act and CrPC Sections 100-102; (2) failure to establish the accused's continuous possession of the premises through revenue records or other documentary evidence; (3) incomplete panchnama lacking meter and wire details; (4) inconsistencies in the accused's residential address across identity documents; and (5) the gap between the alleged offense date (02/06/2023) and the panchnama date (12/08/2023). The court invoked precedent from *State of Gujarat v. Jayantibhai Jivanbhai Gohil (2023)* emphasizing the necessity of proper meter and wire verification during electricity theft prosecutions. This case analysis is maintained by casestatus.in based on publicly available court records.

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