GOPAL AGGARWAL Vs. STATE

JUDGEMENT

(1.) This petition is filed under Section 482 of the Cr.P.C. for quashing of the FIR No.896/99 registered at P.S.Mangol Puri under Section 39 and 44 of the Indian Electricity Act (in short the Act) read with Section 379 of the IPC and the criminal proceedings emanating therefrom, pending before the court of the Metropolitan Magistrate.

(2.) Briefly stated the facts are that a joint team of the respondent/DVB conducted raid on the premises of the petitioner M/s Gopal Plastics at Mangol Pur Khurd on 14.10.1999 and detected fraudulent abstraction of the electricity from electricity connection bearing K.No.146809 installed in the premises in the name of Daya Chand. As per report of the joint inspection team the theft of electrical energy was being committed by "tampering the metering equipment by insertion of thin plastic film to stop movement of meter disc". On the complaint made by the by DVB/respodnent on 14.10.1999 the FIR no.896/99 was registered at P.S.Mangol Puri for offences under Section 39 and 44 of the Act read with Section 379 of IPC.

(3.) The petitioner has alleged in the petition that the complaint which resulted in the registration of the case was lodged In contravention of the guidelines embodied In the Circular No.CO .II/P-25/96-97/58 dated 26.2.1997. These guidelines mandated the officials of the DVB, after the inspection of the premises of the consumer was carried out to raise a theft electricity bill at appropriate tariff rate and lodge the report for registration of the case with the police only after the consumer has failed to deposit the electricity bill within the stipulated time. In the instant case it is contended that the complaint was made on 14.10.1999 soon after the inspection was carried out by the joint inspection team without giving an opportunity to the petitioner to pay the electricity bill raised by the DVB on the appropriate tariff rate applicable to the theft cases. It is also contended that the dispute about the electricity bill raised by the DVB subsequent to the registration of the case was settled by permanent Lok Adalat on 14.2.2001 and the petitioner in accordance with this settlement has paid the revised electricity bill in January, 2000. It is alleged that the petitioner now has no pending liability on the basis of the inspection carried out on 14.10.1999 and the FIR is liable to be quashed in the light of the judgment of this court and the Supreme Court.