KANWAR HASAN Vs. STATE OF U P

JUDGEMENT

(1.) JAGDISH Prasad Jain, In-charge 33/11 K.V. Power Sub Station Kairana, District Muzaffar Nagar inspected M/s Hasan Steel and Alliances Private Limited, Kairana on 29-1-2008 at 3.00 p.m. of which petitioner Kanwar Hasan is the Managing Director. He prepared the checking report No. 1906, 1907-1908 and detected many illegalities and theft of electricity and therefore, after seizing the illegal articles found in the said premises lodged the impugned FIR of crime number 68 of 2008, under Section 135 of Electricity Act at police station Kairana, district Muzaffarnagar, which FIR is now being prayed to be quashed by the petitioner Kanwar Hasan, Managing Director, through the instant writ petition.

(2.) IN the checking the illegalities that were detected were that initially the gate of the said premises was not opened for the checking purposes, when the informant Jagdish Prasad Jain had gone there for checking. On peeping from an adjoining window a man was viewed running behind from the meter room. Subsequent thereto the main gate was opened and the inspecting team entered into the premises and straightway went to the room constructed behind the meter room and there they detected a six meter long earthing plate which was connected with the meter with the help of two wires, which were recently cut. The said wires were connected with the help of nut and bolt with the earthing plate and the meter. It was further detected that LT side of a transformer installed besides the petitioner's premises to feed electricity to a private water pump was open and a four core cable from the said transformer was drawn into the petitioner's premises, which according to the informant's case was used for extracting illegal electricity from the said transformer. Thereafter meter room was got opened and MRI was conducted by the checking party. Subsequent thereto in the presence of firm's Manager CTPT chamber was checked. It was then detected that the original holographic seals affixed on the said chamber was tampered and re-affixed. Some other seals were also found to have been tampered. On opening of the CTPT Chamber it was further detected that one seal, which was fixed on both the CT terminals were found cut and some of the wire of both the CT terminals were made naked and those wires were fixed by the 4 core wire coming out from the transformer fixed outside the petitioner's premises. A hangared chamber was also found hanging from the roof and with the help of that chamber the wire was drawn towards the room erected behind the meter room and the said wire was connected with the help of the nut and bolt with the earthing plate lying there. It was thus deciphered that by by-passing the current, which was to go through the meter, electricity theft was being committed by consuming the electricity directly from the 33 KV line. Even marks of sparking were detected, which gave the inkling to the informant that the said sparking marks were because of shot circuiting of the wires. The six meter earthing plate, pieces of white wire of 5 meter, tampered plastic seals etc. were taken in possession by the informant, who then went to police station Kairana and lodged the impugned FIR against the petitioner which, as stated above, is now sought to be quashed by the petitioner by invoking our power under Article 226 of the Constitution of India through the instant writ petition.

(3.) LEARNED senior counsel for the petitioner canvassed before us that the FIR is a mala fide exercise because the petitioner did not grease the palm of the officers of the Electricity Department. He further contended that there was no tampering with the meter and the corresponding check meter installed outside the petitioner's premises did not show any theft of electricity. He further contended that the petitioner's premises was also earlier checked on 2-1-2008 and no theft of electricity was found. He contended that since the reading in both the check meters installed outside and the meter installed within the petitioner's firm recorded the same consumption reading therefore, there was no occasion to come to a prima facie conclusion that there was a theft of electricity. He further contended that the check meter installed outside shows the actual electricity consumption and so far as allegations of tampering with the holographic seals are concerned the said allegations are absolutely false as under no circumstance the said seals can be tampered with. Arguing with vehemence he canvassed that to extract money the impugned FIR (Annexure No. 1) has been lodged against the petitioner mala fidely. Concluding the argument learned counsel submitted that the FIR (Annexure No. 1) be quashed and the arrest of the petitioner be stayed meanwhile.