1998 CRI. L. J. 256 ::1997 (3) RecCriR 539 ::1997 (2) LandLR 524

Punjab And Haryana High Court

Hon'ble Judge(s): S. Saksena , J

Criminal P.C. (2 of 1974) , S.482— Quashing of F.I.R. - Theft of canal water - Charge under S. 58 of Haryana Canal and Drainage Act, 1974 and Ss. 430 and 379, I.P.C. - Evidence collected during investigation making out prima facie case under S. 379, I.P.C. - Plea that only penalty under S. 26 of Haryana Canal and Drainage Act can be imposed and as such prosecution should be quashed is unsustainable in view of Rule 24 of Haryana Canal and Drainage Rules (1976) which provides that special charges in addition to water rate otherwise chargeable for water supplied for use of a canal in an unauthorised manner can be imposed in addition to the penalties u/S. 58 of Haryana Act. 1962 (2) Cri LJ 303 (SC), Disting. Haryana Canal and Drainage Act (29 of 1974) , S.58, S.26— Haryana Canal and Drainage Rules (1976) , R.24— (Para 10 11)