VIJAY BALI Vs. STATE AND OTHERS

JUDGEMENT

(1.) In this petition, quashing of CC No.1008/2008 titled B.S.E.S. Yamuna Power Ltd. Vs. Shri Vijay Bali, FIR No.444/2008 and FIR No.140/2009 is sought by petitioner alleging that false criminal prosecution has been launched by respondent No.2-BSES YPL and police personnel.

(2.) Petitioner was a registered consumer in respect of K.No. 121113250285 installed in petitioner's premises and on the request of petitioner, old mechanical electric meter was replaced by new electronic meter by respondent No.2 on 30th March, 2004. In Jan., 2006, it was found that aforesaid meter was found stopped at reading of 2069 but the electric connection to petitioner's premises was alive. According to respondent No.2, due to inadvertence, status of petitioner's electric meter was uploaded on the data of the computer system as disconnected. Upon verification of meter reading on 2nd May, 2008, as per site inspection report, the electric meter at petitioner's premises showed reading of 2069 but the electric supply was found to be connected.

(3.) On 5th May, 2008, officials of respondent No.2 visited petitioner's premises for replacement of meter, but petitioner resisted and a Notice under Sec. 163 of Electricity Act, 2003 was sent by post to petitioner because he had neither received it nor had allowed it to be pasted at the premises. Again on 13th May, 2008, officials of respondent No.2 alongwith local police went to petitioner's premises for installing new electric meter but entry inside petitioner's premises was denied by petitioner. However, with the help of local police, the faulty meter was removed from petitioner's premises on 15th May, 2008 and in this regard, site inspection report and MMG Report was prepared regarding petitioner-consumer resisting installation of new meter. Copy of Meter Return Report and PD cases and site inspection report have been placed on record by respondent No.2.