' This is a petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, for quashment of F.I.R. No, 23/92 under section 379/109, P.P.C. And section 5(2) of the Prevention of Corruption Act, 1947, registered at Police Station F.IA., Bahawalpur, at the instance of Sabir Muhammad, respondent No,3.
2. It is stated that since the allegation is that the accused/petitioner had taken electricity connection unauthorisedly from the meter fixed on premises of petitioner No,2, therefore, the offence, if any, committed is covered by the provisions of The Electricity Act, 1910 and section 50 of the said Act says that "no prosecution shall be instituted against any person for any offence against this Act or any rule, licence or order thereunder, except at the instance of the Government or an Electric Inspector, or of person aggrieved by the same". Therefore, the F.I.R. Which has been got registered by a person other than the Government or an Electric Inspector or by the aggrieved person, tis liable to be quashed.
3. I have considered the contention. Section 50 of the Electricity Act, 1910, clearly shows that it talks of submision of challan before a Court but here the case is still under investigation. The offences mentioned in the F.I.R. Are cognizable. Therefore, section 50 of the said Act does not bar the registration of case by the Police. In this view of the matter, this petition being premature is dismissed in limine.