PARSHOTAM LAL GUPTA Vs. STATE

JUDGEMENT

(1.) This petition is filed with a prayer to quash FIR No. 278/2000 dated 2 8/03/2000, under Section 39/44 of the Indian Electricity Act and Section 379 of the Indian Penal Code, registered at Police Station Malviya Nagar.

(2.) The facts of the case are that the petitioner herein is the owner of premises No. J-4/63, Khirki Extension, Malviya Nagar, New Delhi. A raid was conducted on the said premises on 27.3.2000 and it was found that the petitioner was indulging in abstraction of electricity by unlawful means. Electricity consumption bill of Rs. 23,505.52 (Rupees twenty three thousand five hundred five and paise fifty two only) was raised by the Delhi Vidyut Board which was paid on 30/03/2000, within the due date.

(3.) Learned Counsel submits that the petitioner is entitled to a relief under the Circular dated 16/05/1996, issued by the D.V.B. qua those cases where payment has been made as per tariff after detection of the illegal abstraction of the electricity within time. He submits that no FIR could be lodged if the amount demanded by the D.V.B. as per tariff was paid before the FIR was instituted.