RAM DHARI Vs. STATE OF HARYANA

JUDGEMENT

(1.) F .I.R. No. 14 dated 19.1.1989 was lodged with police station, Shahbad, District Kurukshetra against the petitioner Ram Dhari and others for theft of electric energy under Section 379 I.P.C. and Section 39 of the Electricity Act (Annexure P-1). Petitioner Ram Dhari had approached this court under Section 482 Cr.P.C. for quashing the said F.I.R. and the consequential proceedings. ACCORDING to the petitioner, Haryana State Electricity Board has framed a policy under Annexure P-3 whereunder the Board had decided to receive one-time compensation and withdraw the case on payment of said compensation by those persons who committed theft of electric energy. The relevant portion of the policy reads as under:

(2.) The Counsel for the petitioner contends that the petitioner has paid the compensation under annexure P-2 dated 27.8.1992 and, therefore, claims that view of the policy (Annexure P-3), the State could have withdrawn from the prosecution, which they have not done. The petitioner, therefore, seeks quashing of the F.I.R. in so far as he is concerned.

(3.) The respondent-State has filed a reply alleging that the challan has been filed in this case and the case is fixed the evidence of the prosecution and, therefore, this petition is not maintainable, as the petitioner has got the remedy to file a revision.