Surinder Kumar Bindal Vs. State and anr. - Court Judgment

SooperKanoon Citationsooperkanoon.com/695312
SubjectCriminal;Electricity
CourtDelhi High Court
Decided OnMay-14-2003
Case NumberCrl. W. No. 1384 of 2002
JudgeUsha Mehra and; Pradeeop Nandrajog, JJ.
Reported in3(2003)CCR92; 105(2003)DLT58; 2003(69)DRJ368; 2003(2)JCC1163
ActsConstitution of India, 1950 - Article 226; Indian Electricity Act, 1910 - Sections 39 and 44; Indian Penal Code (IPC), 1860 - Sections 379
AppellantSurinder Kumar Bindal
RespondentState and anr.
Appellant Advocate Krishan Kumar, Adv
Respondent Advocate Rashmi Chopra and ; Mukta Gupta, Advs.
Excerpt:
indian electricity act, 1910 - section 39, 44--theft of electricity--quashing of fir--since the full amount has been paid and respondents are also not interested in pursuing the criminal litigation--any proceedings initiated thereon pursuant to the fir in the court of the metropolitan magistrate are ordered to be dropped--order accordingly--indian penal code, 1860, section 379. - order1. mr. krishan kumar, counsel for the petitioner says that the petitioner has already deposited the bill amount in the office of the respondent no. 2 and endorsement of the same is given on the receipt itself. since the full amount has been paid, the respondents are also not interested in pursuing the criminal litigation. in this view of the matter, the fir lodged against the petitioner bearing no. 110/99 under section 39/44 of the indian electricity act r/w section 379, ipc at police station samay pur badli is ordered to be quashed. any proceedings initiated thereon pursuant to the fir no. 110/99 under section 39/44, electricity act and 379, ipc of p.s. samay pur badli in the court of the metropolitan magistrate are ordered to be dropped. order accordingly.2. the petition stands disposed of. dusty.
Judgment:
ORDER

1. Mr. Krishan Kumar, Counsel for the petitioner says that the petitioner has already deposited the bill amount in the office of the respondent No. 2 and endorsement of the same is given on the receipt itself. Since the full amount has been paid, the respondents are also not interested in pursuing the criminal litigation. In this view of the matter, the FIR lodged against the petitioner bearing No. 110/99 under Section 39/44 of the Indian Electricity Act r/w Section 379, IPC at Police Station Samay Pur Badli is ordered to be quashed. Any proceedings initiated thereon pursuant to the FIR No. 110/99 under Section 39/44, Electricity Act and 379, IPC of P.S. Samay Pur Badli in the Court of the Metropolitan Magistrate are ordered to be dropped. Order accordingly.

2. The petition stands disposed of. dusty.