BIMLA GUPTA AND SH. RAKESH CHANDRA Vs. STATE

JUDGEMENT

(1.) THESE two cases are raising identical question of law and were, Therefore, heard together and are being disposed of by this common judgment. For the sake of brevity, facts of Crl.M. No. 1760/2006 are noted.

(2.) RESPONDENT No. 2, North Delhi Power Limited (in short the 'NDPL') has lodged FIR No. 52/2006 against the petitioner herein under Section 135/138 of the Electricity Act and Section 379 of the Indian Penal Code. It is alleged therein that a technical inspection was conducted at premises No. A -11, Keshav Puram Industrial Area, Delhi, by an authorised inspection team of the complainant when it was found that Sh. Dinesh Gupta (husband of the petitioner) had indulged in theft of electricity. The connected load at the time of inspection was found to be 70.560 KW and Sh. Dinesh Gupta was found to be utilising stolen electricity for industrial purpose. As per the FIR, the inspection team found the following discrepancies:

(3.) THE petitioner has filed this petition under Section 482 of the Code of Criminal Procedure for quashing of the aforesaid FIR and it is stated that not only the said FIR is bad in law as provisions of Section 135/138 are per se not attracted, it is an act of mala fide also and without any authority of law.