Temporary water supply disconnection can't be mischief: HC

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The Delhi High Court has held that temporary disconnection of water supply to an individual's flat depriving him of basic daily activities like bathing does not constitute the offence of 'mischief' under IPC.
Justice Mukta Gupta observed this while quashing summons issued to six persons, who had allegedly disconnected water supply to the complainant's flat.
The complainant had alleged that though he had paid water boring charges and monthly maintenance of his housing society, his water supply was disconnected.
On his complaint, a trial court had summoned six persons for the alleged offence punishable under sections 430 (mischief by injury to works of irrigation or by wrongfully diverting water) and 34 (common intention) of IPC.

Quashing the summons, the high court said, "One of the essential ingredients of 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'.
"As noted above, 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."

The conflict goes back to the dispute over payment of dues towards home loan in Atma Vallabh Cooperative Group Housing Society here between the parties.

The petitioners had moved the high court aggrieved by the summons issued by the Metropolitan Magistrate.
While contesting the petition, the complainant told the high court that the administrator of the society had informed him that pending the payment of dues towards home loan, the water supply would not be restored.
He alleged that these petitioners had ganged up against him and also intimidated him after which he had no option but to sell the house.
The petitioners pleaded that man had failed to settle payment of dues towards water consumption.
In its verdict, the court referred to a Calcutta High Court ruling on a similar matter where electricity connection was disconnected, and said it does not constitute offence of mischief.