NAGPAL ALLOYS PVT. LTD Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS will dispose of Criminal Misc. No. 21767-M of 1995. In this petition under Section 482, Cr.P.C. prayer is for quashing of the FIR No. 73 dated 13.4.1993, registered at Focal Point, Ludhiana under Sections 379, I.P.C. and 39 of the Indian Electricity Act, 1910.

(2.) PETITIONER is a Private Limited Company and a regular consumer of Punjab State Electricity Board in relation to electric connection bearing Account No. FP-1/92. Officials of the Board visited the premises of the petitioner- company situated at Focal Point, Ludhiana and removed the electric meter finding that it had been tampered with. Petitioner-company was served with a Memo dated 13.4.1993 vide which a demand of Rs. 39,38,084.77 was created. The petitioner-Company filed a civil suit challenging the demand raised by the Electricity Board. Ultimately injunction was granted but later, on the representation made by the petitioner, the Board agreed to refer the dispute to the Settlement Committee subject to the condition that the petitioner shall withdraw its suit. Petitioner withdrew the suit and the matter was referred to the Settlement Committee for adjudication. The Committee decided to waive off the ACD charges which comes to Rs. 5.51 lacs and the balance i.e. Rs. 1.05 lacs was found recoverable from the petitioner. It was also found that it was not a case of theft of electricity and the FIR lodged against the petitioner be also withdrawn. In this regard, the Electricity Board vide letter dated 14.12.1995 has asked the S.S.P., Ludhiana that the FIR No. 73 dated 13.4.1993 is to be withdrawn as per decision of the Board. In this petition, prayer has been made for quashing the said FIR.

(3.) HAVING gone through the Annexures P.2, P.2/A and P.3, I am of the view that since the Committee had found that it was not a case of theft and the S.S.P. Ludhiana having already been moved for withdrawing the FIR lodged at the instance of the Board, no useful purpose would be served if the proceedings are allowed to continue. Accordingly, FIR No. 73, dated 13.4.1993 under Sections 379, I.P.C. and 39 of the Indian Electricity Act, 1910, registered at PS Focal Point, Ludhiana shall stand quashed. No costs.