SHASHI CHAUDHARY Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner seeks the quashing of impugned FIR No. 805 dated 19.11.1997, copy annexure P1, Police Station Civil Line, Rohtak and the subsequent proceedings based thereon.

(2.) A perusal of the impugned FIR shows that the premises of Smt. (Dr.) Shashi Chaudhary w/o Dr. R.K. Chaudhary A/c No. N2-562 resident of HUDA Complex (Chaudhary Maternity Hospital) was checked by Sh. A.K. Hooda, S.S.E. along with SDO, Sh. S.K. Mathur 'OP' No. 2, Rohtak/AEE, M.S. Sub Division, Rohtak on 19.11.1997 and found as under :-

(3.) NOTICE was issued to the respondent-State who filed a reply of Inspector Ram Kumar, Station House Officer, Police Station, Civil Lines, Rohtak contending, inter alia, that after the completion of the investigation challan has been submitted in the trial Court on 4.12.1997. On merits it was contended that the petitioner was found involved in the theft of electric energy and during investigation allegations made in the FIR were fully supported. Additionally it was contended that the criminal liability is in addition to the imposition of the penalty and the claim of the penalty being paid has no effect on the maintainability of the criminal case filed by lodging the FIR, Reference in this connection was made to Section 48 of the Indian Electricity Act which deals with the penalties not affecting other liabilities.