PAWAN KUMAR Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) IN this petition under Section 482 Cr.P.C. a prayer is made for quashing the FIR No. 284 dated 15.12.1998, under Section 39 of the Indian Electricity Act, 1910, registered at Police Station, City Narwana and subsequent proceedings arising out of the same.

(2.) ALL the petitioners are partners of the firm M/s. Hanuman Oil and General Mill, Patiala Road, Narwana, District Jind (Haryana). This firm has a Large Supply (I) connection since 21.04.1974. The S.D.O. (Operation) visited the Mill premises on 20.11.1998 and prepared the spot billing. This bill was paid in due course. At that time, the S.D.O. (Operation) has ensured that all the seals were intact. This Mill has never been in default of energy charges since the Large Supply connection was granted. However, on 11.12.1998, an Assistant Executive Engineer came to the Mill along with his staff. He has prepared a bogus report to the effect that some of the seals are found to be broken and tampered with on the incoming chamber and P.T. Chamber. After the alleged inspection, the checking report was not given to the petitioners. On the basis of checking report, S.D.O. (Operation), Narwana, made a written complaint to the police at Narwana vide Memo No. 3000 dated 14.12.1998, on the basis of which the aforesaid FIR was registered for theft of energy under the section mentioned above.

(3.) ON the other hand, learned counsel for the State of Haryana has vehemently argued that since challan has already been presented in Court, present petition under Section 482 Cr.P.C. would not be maintainable for quashing of the proceedings.