MUKESH KUMAR Vs. STATE

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure for quashing FIR No. 264/96 registered under Sections 379, Indian Penal Code, and 39/44 Indian Electricity Act pending in the Court of Ms. Swam Kanta Mehra, M.M., Delhi. Brief facts which are necessary to dispose of this petition are recapitulated as under.

(2.) On 4.10.1996 at about 1.30 p.m. some officials of the Delhi Vidyut Board (DVB) raided the premises of the petitioner (No. 2257, Gali Hinga Bag, Khari Baoli, ^ Delhi) and reported to the police about the theft of electricity against the petitioner from the DVB electric energy poles. Delhi Vidyut Board lodged an FIR bearing No. 264/96 dated 7.10.1996 under Sections 379, Indian Penal Code, and 39/44, I.E. Act at Police Station Lahori Gate, Delhi for the alleged theft of electricity by the petitioner.

(3.) The petitioner applied for the anticipatory bail and the learned ASJ was pleased to grant him anticipatory bail. It is not disputed that the petitioner after the receipt of the impugned theft bill of Rs. 2,051.89 deposited the entire amount with the DVB. Learned Counsel for the petitioner submits that since the petitioner has now deposited the entire amount, therefore, the FIR filed against him be quashed.