OM PRAKASH KAPILA Vs. STATE OF BIHAR

JUDGEMENT

(1.) INVOKING the jurisdiction of the High Court under Articles 226 and 227 of the Constitution of India, the petitioners have prayed for quashing the entire proceeding as well as the investigation and order issuing warrant of arrest arising out of patna Vigilance PS Case no. 5/89, now pending in the court of the Special Judge (Vigilance), Ranchi.

(2.) AS both the writ petitions arise out of the same FIR and similar points are involved, they have been heard together and they will be governed by this common judgment.

(3.) DURING the course of hearing an english translation of the First Information report was submitted on behalf of the petitioners from persual of which it appears that one Mohan Rajak, Deputy Superintendent of Police, cid (Vigilance) of the Bihar state Electricity Board (shortly 'the Board'), opposite party no. 2, lodged an FIR on 16. 6. 89. It was expressly averred therein that the petitioners, Brij Kishore Jhawar as the owner and O. P Kapila as the Chief Executive Officer of the Usha Alloy Steel Ltd. , in connivance with the officers of the electricity Board, motivated manipulation in reading of the meter situated within the premises of the consumer as a result of which readings are recorded less and electrical energy has been thus stolen. The vigilance Department of the Board received a complaint that in collusion with the local officials of the Board the electrical energy consumed in the factory is not correctly recorded and billed and every month there have been losses amounting to lacs of rupees. It was also reported that payments which are being made by the Company towards electricity bills, were being made by cheques and were credited to the account of the board even after two months for which the Board is suffering loss in two ways, namely, the interest for Rs. 40 to 50 lacs and secondly, owing to this payment, the Company gets improper and illegal rebates. A preliminary investigation was made and after completion of the same it transpired that only in 33 months during the period of investigation, the Board suffered a loss to the extent of more than four crores of rupees and Usha Alloy Steel Ltd. has gained by that amount. A special committee was constituted by the General Managercum-Chief Engineer of Ranchi Area Board for reading the meters of the grid sub-sta-tion connected with and installed in the premises of the Company. The details have been given in the FIR to indicate as to how the investigation revealed that there was constant theft of electrical energy by the company in collusion with the officials of the Board resulting in huge loss to the State revenue. Names of such officials have also been mentioned in the FIR including the petitioners. It was concluded that for the purpose of causing loss to the revenue of 1he Board and improper financial gain to the Company, the petitioners indulged into criminal conspiracy with the aforesaid officials of the Board. According to the informant due to the aforesaid criminal conspiracy and loss to the Board the petitioners and the officials have committed offences under sections 409, 420, 467, 468, 471, 120b and 210 of the Indian Penal Code and Section 13 (2) of the Prevention of Corruption Act, 1988 and Sections 39/39a of the Indian electricity Act, 1910. On the basis of the said FIR Patra vigilance PS case No. 5/89 corresponding to Sepcial case no. 30/89 was registered.