AMIT AGGARWAL Vs. STATE

JUDGEMENT

(1.) The petitioner is seeking a writ of certiorari for quashing the FIR No.102/2001 under section 39/44 of the Indian Electricity Act, 1910(for short the Act) read with section 379 of the Indian Penal Code and to direct registration of an FIR for alleged offences committed by the police officials and the officials of Delhi Vidyut Board impleaded as respondents 4 to 6. The petitioner has also sought suitable compensation for his alleged illegal arrest.

(2.) The petitioner is the proprietor of M/s.Amit Electricals stated to be carrying on the electrical repairs business from shop situated at 2/38, Roop Nagar, Delhi. The petitioner, alleges that he applied for an independent electricity connection in the year 2000 and pending such electricity connection was carrying on the job with the help of a generator. Inspection is stated to have been carried out by the officials of the DVB on 12.4.2001 when direct theft of electricity was found at various floors of the building constructed on 2/38, Roop Nagar, Delhi by putting direct hook on the electric poles. The petition also alleges that the petitioner was never involved with the theft of electricity and was further not involved with an altercation at the site which is stated to have occurred. An FIR was registered and subsequently the petitioner was granted anticipatory bail vide order dated 20.4.2001. The petitioner was arrested and was released on bail.

(3.) It is alleged that on 10.5.2001 the petitioner was picked up from his shop by the Junior Engineer of DVB and the police officials at about 4.00 P.M. and was wrongfully confined at the police station till about 7.30 P.M. It is stated that in order to cover up the said incident an FIR was registered which is sought to be quashed in the present petition. Bail was granted to the petitioner on 4.6.2001 in respect of the second FIR.