Harbajan Singh vs State

M.S.A. Siddiqui, J.—By this petition u/s 482 Cr.P.C., the petitioner seeks quashing of the FIR No. 12/97 registered under Sections 39/44 of the Indian Electricity Act read with Section 379 of the Indian Penal Code at the Police Station Najafgarh, Delhi. On perusal of FIR in question, it appears that the petitioner''s premises were inspected by the enforcement staff of DESU on 3.1.1997, when it was discovered that the electricity was being abstracted fraudulently by tampering the meter. In Ramesh Chander Vs. State, it was held that the mere existence of the tampered meter is not enough to attract the provisions of Section 39 of the Act and there is no presumption of dishonest abstraction, consumption or use of electric energy on discovery of tampered meters. The presumption u/s 39 will arise if artificial means were employed to abstract, consumer or use energy. In my opinion, the case is fully covered by the decision in the case of Ramesh Chander Vs. State of Delhi (Supra). Consequently, I am of the opinion, that no prima facie case has been made out against the petitioner under Sections 39/44 of the Indian Electricity Act and 379 of the Indian Penal Code. Accordingly, the petition is allowed and the FIR No. 12/97 registered u/s 39/44 of the Indian Electricity Act read with 379 of the Indian Penal Code at the Police Station Najafgarh, Delhi, is quashed.