ABHAY TYAGI Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) M .C. Garg, J. has referred this petition for consideration by a larger Bench on the following points :

(2.) THE petition has been filed under Section 482 of the Cr.P.C., for quashing the FIR No. 235/2004 registered at P.S. Seema Puri, at the instance of the 2nd respondent-BSES Yamuna Power Limited on the allegation that on an inspection conducted at the premises of the petitioner it was found that the petitioner had indulged in the theft of electricity and, therefore, he was liable to be punished under Section 39 of the Indian Electricity Act, 1910 (now, Section 135 of the Electricity Act 2003) read with Section 379 of the Indian Penal Code. The inspection was carried on 21st April, 2004 and the complaint was lodged with the police on 13th June, 2004, which has resulted in registration of an FIR. The estimated loss of energy due to the theft of electricity detected during the inspection has been assessed at Rs. 1,46,39,030/-.

(3.) IN reply, Mr. Sandeep Sethi, learned senior counsel appearing for the 2nd respondent submitted that during a surprise check conducted by the Enforcement Team it was revealed that the petitioner was indulging in direct theft of electricity. Such an offence of theft is punishable with three years of imprisonment besides fine and thus, was a cognizable offence. Since a cognizable offence was committed, it was permissible for the 2nd respondent to lodge a FIR and the police authorities are bound to investigate the same in accordance with law so as to ascertain the persons who are responsible for the said theft and to take appropriate proceedings under the law. He submitted that nothing has been specified under the Electricity Act, which makes the said offence non-cognizable. Since the statute was silent on this aspect as to whether theft of electricity is a cognizable offence or not, the Cr.P.C. needs to be relied upon for the said purpose. He also pointed out that in respect of every offence which is cognizable, it is the duty and responsibility of the police authorities to register a FIR and investigate the same.