A K MOHINDRU Vs. STATE

JUDGEMENT

(1.) By this petition under Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C.') the petitioner seeks to quash FIR No. 186 of 1995, Police Station Vasant Kunj, New Delhi, under Section 39/44 of the Indian Electricity Act (for short 'the Act') road with Section 379 of the Indian Penal Code (for short 'Indian Penal Code') and the proceedings pursuant thereto entitled 'State v. A.K. Mohindru' pending in the Court of Metropolitan Magistrate, Vidyut Adalat, Shakti Sadan, New Delhi.

(2.) The case of the petitioner is that he is the owner of the premises situated at Khasra No. 10/2, Village Samalkha, Delhi-110 037 which premises was let out by him to one M/s. ABC Nakufreight Limited (hereinafter referred to as 'the tenants'), at a monthly rent of Rs. 26,700.00. The electricity charges were to be paid as per consumption. After the execution of the lease deed, possession of the premises was handed over to the tenant who also installed a generator since the electric supply was erratic. Learned Counsel for the petitioner submitted that right from the inception of the tenancy, the tenants were in possession and full control of the entire premises. Even security guards were posted and the petitioner had to go through the said security to enter the premises,

(3.) Oh 10th May, 1995, the aforesaid premises (Khasra No. 10/2, Village Samalkha, Delhi) were raided by the officials of DESU (now DVB) alongwith the police officials from Police Station Vasant Kunj, New Delhi. On the aforesaid premises, it is alleged, that the raiding party detected abstraction of electricity by illegal means. FIR No. 186/99 was registered on 12th May, 1995. Because the petitioner had nothing to do with the use of the electricity in the said premises except being the owner of the premises, his name did not figure as a consumer either at the time of raid or subsequently at the time of registration of the FIR. During investigation it was revealed that the registered consumer of the electricity in the premises in question was one Mr. Kartar Singh and the actual consumer was the tenant (M/s. ABC Nakufreight Limited). It was in these circumstances that the Investigating Officer, vide letter dated 22nd December, 1995, requested the DESU to grant permission under Section 50 of the Indian Electricity Act for prosecution in regard to theft of electricity committed at the premises.