The Delhi High Court in Mange Ram Jain vs Jatinder Kumar Jain, has ruled that temporary disconnection of water supply does not constitute ‘mischief’. The court stated that the act does not confirm to the essential provisions defining the offence of ‘mischief’ under Section 425 IPC. The single judge bench of Justice Mukta Gupta quashed summons issued to the respondents and stated that, ‘one of the essential ingredients of the offence of “mischief” is ‘wrongful loss or damage to any person by causing destruction of any property or making a change which diminishes its value.’ The dispute between the parties was with regard to the dues towards the complainant which was an admitted fact and even on an erroneous calculation thereof temporary disconnection of the supply would not cause either destruction of the property or diminishing its value’.
Article referred: http://www.livelaw.in/temporary-disconnection-water-supply-not-amount-mischief-delhi-hc/
Article referred: http://www.livelaw.in/temporary-disconnection-water-supply-not-amount-mischief-delhi-hc/
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