HEM RAJ ANAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY means of this Cr. Misc. filed under Section 482, Cr.P.C., Hem Raj Anand (petitioner) has prayed for the quashing of FIR No. 726 dated 12.11.97 registered against him under Section 379, IPC, at P.S. Ambala City, and all other consequential proceedings arising therefrom pending in the Court of Judicial Magistrate Ist Class, Ambala City (Case No. 20/1, dated 28.1.1998).

(2.) IT is alleged that this case was registered against the petitioner falsely for the theft of electricity on the report of Sh. S.L. Bindal, S.D.O, Operation, Sub Division West, Ambala City. It is alleged that in the premises under reference, the youngest son of the petitioner named Sh. Bharat Bhushan Anand is residing and the petitioner seldom resides there. After the death of his wife, he stays mostly with his elder sons outside. Although the petitioner was not at all liable for the alleged tampering of the electric meter, he deposited the requisite amount of Rs. 3,238/- vide Receipt No. 154 dated 12.11.1997 (Annexure P2 herein), as he had been advised to deposit this sum as penalty/charges in terms of compensation on account of malpractice/ theft vide Memorandum (Annexure P1) issued by the Haryana State Electricity Board. It is alleged that, on the one hand, the authorities of the Electricity Board called upon the petitioner to deposit amount of Rs. 3,238/- as penalty which was deposited by him on 12.11.1997, on the other hand, case FIR No. 726/12.11.97 in question was still got registered against him.

(3.) I have heard the learned counsel for the petitioner and learned advocate appearing for the State of Haryana. In my opinion, the FIR registered against the petitioner under Section 379, IPC, read with Section 39 of the Electricity Act, should be quashed in view of the Haryana State Electricity Board having framed a policy to receive one time compensation for theft of electricity and to withdraw the cases on receipt of said compensation. The relevant portion of the policy reads as under :-