(1.) PETITIONER Narender Singh has filed this petition under Section 482 of the Code of Criminal Procedure for quashing of FIR No. 318 dated 28.10.2001 under Section 379 IPC read with Section 39 of the Electricity Act registered at Police Station Sadar Rohtak and the subsequent proceedings pending before Judicial Magistrate Ist Class, Rohtak.
(2.) THE brief facts of the case are that the petitioner is running an oil mill in village Bohar, Tehsil and District Rohtak and the electricity meter for use of the electricity has been installed in the mill premises. On 4.10.2001, the officials of the Haryana Vidyut Parsaran Nigam Limited along with respondent No. 2 raided the premises of the petitioner on a complaint that the petitioner was stealing the electricity. The raiding party removed the electricity meter and took it in its possession and subsequently, wrote letter to the SHO, Police Station Rohtak on 23.10.2001. On the basis of the said letter, the aforesaid FIR was registered.
(3.) PURSUANT to the notice, reply on behalf of respondent No. 1 was filed and today, separate reply on behalf of respondent No. 2 has been filed in Court today, which is taken on record. In both the replies, the aforesaid report submitted by the laboratory of the department has not been denied.