SUTINDER LAL Vs. DVB

JUDGEMENT

(1.) This petition is filed under Section 482 of the Cr.P.C. for quashing the FIR No.107/98 registered at P.S. Ambedkar Nagar under Section 39 and 44 of the Indian Electricity Act (in short the Act) read with Section 379 IPC and the criminal proceeding arising therefrom and pending before the court.

(2.) Briefly stated, the facts are that a joint team of the DESU/DVB conducted a raid at premises no.61-B, Sainik Farm and detected theft of electricity by hooking light PVC copper wire of black colour with the electricity main line, details of which was given in the complaint, thereby offences under Section 39 and 44 of the Act read with Section 379 of IPC are alleged to have been committed. After investigation was over the chargesheet was submitted for prosecution of the petitioner which is pending before the court,

(3.) The contention of the petitioner is that the respondent/DVB had raised a bill for Rs.1 ,19,439 .80 on the tariff applicable on theft/dishonest abstraction of the electrical energy and directed it to be paid on or before 13.4.1999. The petitioner has paid the entire amount of the bill on 13.4.1999 against a receipt, In accordance with the Circular dated 16.5.1996 issued by the respondent/DVB the complaint in respect of theft of electricity should be filed only when the theft bill raised by the DVB for payment was not paid by the consumer by due date and not otherwise. Without giving an opportunity to the petitioner to pay the amount payable as per appropriate tariff in case of dishonest abstraction of electricity, a complaint could not be made and FIR can also not be registered. The registration of the FIR in violation of the office circular of DVB is illegal and is liable to be set aside. Referring to the judgement of this court in Purshotam Lal Gupta Vs. State & Anr. 97(2002) DLT 917 it was prayed that the case registered against the petitioner and the charge-sheet filed against him for the prosecution of the petitioner for the offences under Sections 39 and 44 of the Act read with Section 379 IPC be quashed.