HANS RAJ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE Executive Engineer, Punjab State Electricity Board, Mansa (respondent-2 herein) complained to the police on the basis of which F.I.R. No. 63 of 29.4.1994 and 17.5.1994 has been registered by Police Station City, Mansa. The third respondent has alleged in the complaint that the premises of Hans Raj, the petitioner herein was checked by the A.E.E./DS, Sub Urban S/Division, Mansa in the company of police officers on 29.4.1994 and theft of electricity by directly tapping from the electricity line was found. Petitioner's son was apprehended at site and was served notice for Rs. 8543/- on account of theft. Once again on 16.5.1994 on checking by the Special Task Force, stealing of electricity was found. The petitioner is habitually committing theft of energy. It is on this basis the above F.I.R. came to be registered under Sections 379, 427 I.P.C. and under Section 39 Indian Electricity Act, 1914.

(2.) THE petitioner has, therefore, approached this Court under Section 482 Cr.P.C. for quashing the above said F.I.R. and the consequential proceedings. According to the petitioner, no offence is made out from the reading of the F.I.R. and no theft of energy was detected from the house of the petitioner. According to the petitioner, his house was not checked/raided by the third respondent as per rules and no independent witness was joined at the time of checking. The petitioner has further alleged that his son is only a small kid of one year. The petitioner claims that if there was any theft of energy, the claim is of a civil nature, but the respondents without accepting the procedure for recovery by filing the suit, have adopted criminal procedure to harm the petitioner. The petitioner has alleged that the house and the meter did not belong to him. The petitioner has filed a suit against the respondents before the Sub Judge Ist Class, Mansa challenging the notice for recovery.

(3.) REPLY on behalf of respondent 2 and 3 has been filed by the third respondent as follows :- The F.I.R. was lodged on the report made by the checking authorities as well as the Task Force who found at the spot that no meter was installed/present at the time of checking and that the petitioner was using electricity directly from the live wire from the main line, which falls clearly within the definition of theft of energy. The house of the petitioner was raided twice firstly on 29.4.1994 and again on 17.5.1994 and theft of electricity was found, and at that time, there was no meter.