HARISH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) HARISH Kumar, petitioner seeks quashing of FIR No. 485 dated 29.8.1998 registered under Section 39 of the Electricity Act, 1910 (hereinafter referred to as 'the Act') read with Section 379 of the Indian Penal Code with Police Station, City. Sonepat and the subsequent proceedings taken therein including the police report filed under Section 173 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code').

(2.) THE circumstances under which the present case came to be registered need to be noticed briefly. On 12.8.1998 at 11.30 a.m. Hawa Singh, A.F.M. in the presence of Gulia, Junior Engineer, Haryana State Electricity Board (for short 'the Board') checked the premises of Ranbir Singh, R-25, Model Town, Sonepat wherein electricity meter of category bearing Account No. LS/AP/DS/NDS had been installed. On checking, it was found that the electric energy had been extracted illegally and dishonestly by artificial means. The manner in which the energy was extracted was that wiring of both the meters was made in such a way so as to stop the registering of energy. Accordingly, memo No. 6614/CA dated 13.8.1998 (Annexure P-2.) was addressed to the Station House Officer, Police Station, City Sonepat on the basis of which present case was registered. During the course of investigation, Harish Kumar, petitioner- accused was arrested. After completion of the investigation, police report was filed in Court in respect of the aforesaid offences. It is thereafter the present petition had been filed.

(3.) STATE counsel has not been able to refute the factual and legal position stated on behalf of the petitioner.