CHAMANLAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this petition filed under Section 482 Cr.P.C., petitioner seeks quashing of FIR No. 364 dated 1.8.1998, under Section 39 of the Electricity Act, Police Station, Gharaunda and all subsequent proceedings therefrom. The aforesaid FIR has been registered on the ground that the petitioner has misused the electricity connection No. 46-45/1435 installed at his house in Gharaunda. The connection of the petitioner was checked on 6.11.1997 by the Executive Engineer, H.S.E.B., Panipat. On checking, it was found that the cover seal of the meter has been tampered with. The petitioner was, therefore, required to pay a sum of Rs. 6318/- for committing theft of electricity in the shape of illegal consumption. The notice gave a chance to the petitioner to make a representation within seven days. After receipt of the notice, the petitioner immediately contacted the office of respondent No. 3. The petitioner was informed that if he makes the payment immediately, then the FIR would be withdrawn in accordance with the scheme dated 12.4.1991. The petitioner, therefore, immediately deposited Rs. 6318/- vide receipt No. 6352 dated 25.6.1998. However, a request had already been made vide Memo No. 8000 dated 23.6.1998 for registration of a case, to the S.H.O., Police Station, Gharaunda, on the basis of which FIR in question has been registered on 1.8.1998.

(2.) I am of the considered opinion that the policy decision ought to have been brought to the notice of the trial Court by the respondents. In this policy, it is stated that as per the instructions issued by Sale Circular No. 31/98, whenever a case of theft of electricity is detected, the supply of power to the consumer is to be discontinued immediately. Simultaneously, an FIR is to be lodged invariably. The aforesaid provisions had been reviewed and it has been decided that whenever a case of theft of electricity is detected at the premises of a consumer, he be first given the option of depositing 100% of the assessed amount inclusive of penalty, if any, by 5.00 p.m., the next day. In case, the consumer deposits the amount in time, no FIR should be lodged. It is only in the case when the consumer fails to make the payment within the stipulated time, an FIR should invariably be lodged. Inspite of the aforesaid circular, the proceedings have been permitted to continue in the trial Court. For continuing the proceedings in the trial Court, in the reply, it is stated that the police is not competent to compound the offence which is exclusive jurisdiction of the Court. It is, however, also mentioned that the petitioner is at liberty to move an application before the trial Court for compounding the offence.

(3.) IN view of the above, F.I.R. No. 364 dated 1.8.1998, (under) Section 39 of Electricity Act, P.S. Gharaunda and all subsequent proceedings pending in the trial Court, are hereby quashed. The petition stands allowed. No costs. Petition allowed.