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High Court

Bombay High Court Allows Return of Seized Vehicle in Theft Case Under Section 457 CrPC — Vehicle Not Required for Investigation and No Other Claimant Appears. The court held that property seized under Section 102 CrPC can be returned under Section 457 CrPC, and the petitioner being the registered owner is entitled to interim custody.

21 Jan 2019

The petitioner, Amol Ramhari Waje, filed a Criminal Writ Petition before the Bombay High Court (Aurangabad Bench) challenging the orders of the Magist...

High Court

High Court of Bombay at Aurangabad Acquits Accused in Electricity Theft Case Due to Lack of Independent Witnesses and Procedural Irregularities. Conviction under Sections 135 and 138 of Electricity Act, 2003 set aside as prosecution failed to prove tampering beyond reasonable doubt.

27 Apr 2011

The appellant, Anandrao Madhavrao Shinde, was convicted by the learned Adhoc Additional Sessions Judge, Dhule, in Special Case No.126 of 2006 for offe...

High Court

Bombay High Court Allows Petitioner's Claim Over Seized Gold in Housebreaking Case — Directs Return of 80 Grams Gold to Petitioner on Supurdnama. Court Holds That a Bona Fide Purchaser for Value Without Notice Has a Superior Claim Over Stolen Property Compared to the Original Owner Who Failed to Exercise Due Diligence.

7 Jan 2010

The case involves a criminal writ petition filed by Pandit Digamber Udawant (petitioner) under Article 227 of the Constitution of India read with Sect...

Supreme Court

Supreme Court Allows Appeal by Electricity Distribution Company in Theft Case: Parallel Assessment Under Section 126 Permissible Despite Criminal Complaint Under Section 135. Assessment Under Section 126 Not Conditional on Consumer Seeking Restoration of Supply.

1 Aug 2019

The case involves an appeal by West Bengal State Electricity Distribution Company Ltd. against the judgment of the Calcutta High Court which allowed t...

High Court

Bombay High Court Quashes Investigation Order in Courier Theft Case Due to Lack of Prima Facie Evidence Against Company Employees. The court held that where a parcel is delivered intact and no open delivery is taken, no prima facie case of theft is made out against the courier company or its employee under Sections 378, 379 IPC.

7 Mar 2011

The applicants, Blue Dart Express Ltd. (a courier company) and its territorial service representative, filed a criminal application under Section 482 ...

High Court

High Court of Gujarat Dismisses Second Appeal by Electricity Board in Theft of Electricity Case — Civil Courts Have Jurisdiction to Entertain Defence of Non-Commission of Theft Despite Existence of Statutory Appellate Forum. The Court held that the existence of a statutory appellate forum does not oust the jurisdiction of civil courts to decide the issue of theft in a suit for recovery of bill amount under the Indian Electricity Act.

7 Jan 2026

The appellant, Gujarat Electricity Board (now Paschim Gujarat Vij Company Ltd.), filed a second appeal under Section 100 of the Code of Civil Procedur...

High Court

Gujarat High Court Partially Allows Appeal in Electricity Theft Case — Reduces Compensation for Illegal Consumption. ABCD formula assessment for theft of electricity is valid but must be proportionate to actual consumption period.

12 Jan 2026

The appellant, Gujarat Electricity Board now Paschim Gujarat Vij Company Ltd, filed a first appeal under Section 96 of the Code of Civil Procedure, 19...

High Court

Bombay High Court Allows Appeal in Railway Claim Case for Non-Delivery of Goods — Failure to Prove Exception Under Section 73 of Railways Act, 1989. Non-declaration of value under Section 77B of Indian Railways Act, 1890 does not absolve railway of liability for theft during transit; burden of proof on railway.

9 Mar 2010

The appellant, Mohandas Khandwani, proprietor of M/s. Krishna Kirana Stores, filed a claim before the Railway Claims Tribunal, Nagpur, for non-deliver...

High Court

Bombay High Court Dismisses State's Appeal Against Acquittal in Railway Property Theft Case. Prosecution Failed to Prove Theft of Railway Property, Hence Possession Alone Not Sufficient for Conviction Under Section 3(a) of Railway Property (Unlawful Possession) Act, 1966.

9 May 2017

The State of Maharashtra filed two appeals against a common judgment dated 04.06.2001 passed by the Judicial Magistrate First Class, Railway Court, Pu...

High Court

Bombay High Court Quashes FIR in Electricity Theft Case Due to Lack of Sanction Under Section 155 of Electricity Act, 2003. The court held that prosecution under Section 135 cannot proceed without a complaint by an authorized officer as mandated by Section 155.

12 Jul 2019

The applicant, Sou. Vimal w/o. Murlidharrao Suradkar, filed a criminal application under Article 226 of the Constitution of India and Section 482 of t...

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