JAGDISH PRASAD & ORS Vs. STATE

JUDGEMENT

(1.) THIS petition has been filed by the petitioners under Section 482 of the Code of Criminal Procedure seeking quashing of proceedings qua petitioners in FIR No. 127/98 registered with Police Station Ambedkar Nagar, Delhi under Section 39/44 of the Indian Electricity Act read with Section 379 IPC.

(2.) THE allegations are that a joint inspection was carried out on 19.2.98 at the premises of the petitioners at L-22-A Dr. Ambedkar Nagar, Dakshin Puri, New Delhi by the officials of the DVB now BSES Rajdhani Power Ltd./respondent No. 2. The petitioners were found indulging in a theft of electricity by direct tapping from DVB's main line. On the report lodged by the DVB, the abovenoted case was registered. Three theft bills in respect of above-said three petitioners i.e. Rs. 10,649.68 for petitioner No. 1, Rs. 5,654.70 for petitioner No. 2 and Rs. 20,168.43 for petitioner No. 3 were raised by the DVB. Learned counsel for the petitioners submits that payment of abovesaid three theft bills has been duly made by the petitoiners and submits the original bills for verification. On the last date of hearing last opportunity was granted to the learned counsel for the respondent No. 2 to verify as to whether payment is made or not. Nobody is present today on behalf of respondent No. 2/BSES. Learned counsel for the petitioners, however, has produced the original bills showing that they are duly paid which bills have been perused by Mr. U.L. Watwani, learned counsel appearing for the State as well who states that the payment has been duly made by the petitioners. After verification, the original bills have been handed over to counsel for the petitioners. Learned counsel for the petitioners states that the petitioners would file an affidavit within one week giving an undertaking that petitioners would not indulge in the theft of electricity in future.

(3.) THIS petition stands disposed of. Petition allowed.