ISHWAR SINGH Vs. STATE & ANR.

JUDGEMENT

(1.) A short affidavit has been filed by the respondent No.2 on 22.04.2010, with a copy to the other side.

(2.) THE present petition is filed by the petitioner praying inter alia for quashing of the proceedings arising out of FIR No. 521/1999 lodged by the respondent No.2/BSES Rajdhani Power Ltd. with Police Station: Tilak Marg, under Sections 39 and 44 of the Indian Electricity Act read with Section 379 IPC. It is stated that after the FIR was registered, investigation was carried out and a challan dated 02.10.1999 was filed against the petitioner. The matter is stated to be pending for disposal before the learned Metropolitan Magistrate, New Delhi and the next date of hearing is fixed on 20.08.2010. It is further stated that the petitioner has also filed a suit for permanent and mandatory injunction against the respondent No.2 in the court of Civil Judge, challenging the theft bill raised on him by the respondent No.2.

(3.) LEARNED APP, who is present on behalf of the State states that she has no objection to the present petition being allowed. She, however, submits that in view of the fact that the state machinery was put into motion on account of the petitioner, which has resulted in incurring of unnecessary expenditure and wastage of time, the petition may be allowed with costs.