W.P.(CRL)/1799/2017 of VODAFONE MOBILE SERVICES LTD & ANR Vs STATE & ANR

*IN THE HIGH COURT OF DELHI AT NEW DELHI

+W.P.(CRL) 1799/2017 & CRL.M.A.9947-9948/2017

VODAFONE MOBILE SERVICES LTD & ANR ..... PetitionersThroughMr.Neeraj Chaudhari, Adv. withMs.Saakshi Agarwal and Ms.Nidhi Soni, Advs.with petitioner in person.ThroughMr.Neeraj Chaudhari, Adv. withMs.Saakshi Agarwal and Ms.Nidhi Soni, Advs.with petitioner in person.

versus

STATE & ANR

..... RespondentsThroughMs.Kamna Vohar, ASC for the Statewith ASI Ved Parkash, P.S. Lahori Gate.Mr.ManishSrivastava,Adv.withMs.ShagunTrisal and Mr.Aditya Gupta, Advs. for BSES withAR Mr.Rajiv Manchanda, Asst. Vice President, inperson.

CORAM:HON'BLE MR. JUSTICE VINOD GOEL

O R R%18.09.2017

1.The petitioners have invoked the writ jurisdiction of this court underArticle 226 of the Constitution of India for quashing of the FIRbearing No.217/2016, registered on 30.09.2016 against them withPolice Station Lahori Gate, North District, Delhi, under Section 135of The Electricity Act, 2003 on the complaint of respondentNo.2/BSES.Article 226 of the Constitution of India for quashing of the FIRbearing No.217/2016, registered on 30.09.2016 against them withPolice Station Lahori Gate, North District, Delhi, under Section 135of The Electricity Act, 2003 on the complaint of respondentNo.2/BSES.

2.Respondent No.2 conducted raid on the rented premises of thepetitioner on 29.08.2016 at 04.30 PM. The petitioner company wasfound indulging in direct theft of electricity from the electric poll. Therespondent no. 2/BSES lodged complaint which culminated intopetitioner on 29.08.2016 at 04.30 PM. The petitioner company wasfound indulging in direct theft of electricity from the electric poll. Therespondent no. 2/BSES lodged complaint which culminated into

said FIR against the petitioner.

3.The respondent No.2 raised bill of Rs.10,50,123/- against thepetitioner No.1 company bearing No. YMENF 300820160142R1dated 30.08.2016.petitioner No.1 company bearing No. YMENF 300820160142R1dated 30.08.2016.

4.On making representation by the petitioner company, the respondentno.2 had verified the facts and the Apex Committee of the respondentno.2 had decided to recall the demand raised by them to the petitionercompany.They informed the representative of the petitioner videtheir letter No.95418 dated 13[th]January, 2017.no.2 had verified the facts and the Apex Committee of the respondentno.2 had decided to recall the demand raised by them to the petitionercompany.They informed the representative of the petitioner videtheir letter No.95418 dated 13[th]January, 2017.

5.Mr.Rajiv Manchanda, the Assistant Vice President of the respondentno.2, has filed his affidavit dated 28[th]August, 2017 in which, interalia, he testified that after verification on receipt of representationfrom the petitioner company the apex committee of the respondentno.2 came to the conclusion that the case of the direct theft ofelectricity is to be dropped and assessment bill dated 30[th]August,2017 raised pursuant to the inspection dated 29[th]August, 2017 is to bewithdrawn.He further deposed in the affidavit that the respondentno.2 company has no objection if the said FIR is quashed.no.2, has filed his affidavit dated 28[th]August, 2017 in which, interalia, he testified that after verification on receipt of representationfrom the petitioner company the apex committee of the respondentno.2 came to the conclusion that the case of the direct theft ofelectricity is to be dropped and assessment bill dated 30[th]August,2017 raised pursuant to the inspection dated 29[th]August, 2017 is to bewithdrawn.He further deposed in the affidavit that the respondentno.2 company has no objection if the said FIR is quashed.6.Learned ASC through IO submits that the charge sheet has so far notbeen filed.been filed.7.When the parties had amicably settled the matter and the impugnedbill dated 30[th]August, 2016 raised against the petitioner had beenrecalled, no purpose would be served in further pursuing the said FIR.Hence, to secure ends of justice, the FIR bearing No.217/2016,registered on 30.09.2016 with Police Station Lahori Gate, NorthDistrict, Delhi, under Section 135 of The Electricity Act, 2003 andbill dated 30[th]August, 2016 raised against the petitioner had beenrecalled, no purpose would be served in further pursuing the said FIR.Hence, to secure ends of justice, the FIR bearing No.217/2016,registered on 30.09.2016 with Police Station Lahori Gate, NorthDistrict, Delhi, under Section 135 of The Electricity Act, 2003 and

proceedings arising out of the said FIR are hereby quashed.

8.The petition is disposed of accordingly.

9.Crl.M.A. No.9947/2017 and Crl.M.A. 9948/2017 also stand disposed

10.DASTI.

SEPTEMBER 18, 2017/jitender

VINOD GOEL, J.