Delhi High Court
Vodafone Mobile Services Ltd & Anr vs State & Anr on 18 September, 2017
$~13
* 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 ..... Petitioners
Through Mr.Neeraj Chaudhari, Adv. with
Ms.Saakshi Agarwal and Ms.Nidhi Soni, Advs.
with petitioner in person.
versus
STATE & ANR ..... Respondents
Through Ms.Kamna Vohar, ASC for the State
with ASI Ved Parkash, P.S. Lahori Gate.
Mr.Manish Srivastava, Adv. with Ms.Shagun
Trisal and Mr.Aditya Gupta, Advs. for BSES with
AR Mr.Rajiv Manchanda, Asst. Vice President, in
person.
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL
ORDER
% 18.09.2017
1. The petitioners have invoked the writ jurisdiction of this court under
Article 226 of the Constitution of India for quashing of the FIR
bearing No.217/2016, registered on 30.09.2016 against them with
Police Station Lahori Gate, North District, Delhi, under Section 135
of The Electricity Act, 2003 on the complaint of respondent
No.2/BSES.
2. Respondent No.2 conducted a raid on the rented premises of the
petitioner on 29.08.2016 at 04.30 PM. The petitioner company was
found indulging in direct theft of electricity from the electric poll. The
respondent no. 2/BSES lodged a complaint which culminated into
said FIR against the petitioner.
3. The respondent No.2 raised a bill of Rs.10,50,123/- against the
petitioner No.1 company bearing No. YMENF 300820160142R1
dated 30.08.2016.
4. On making a representation by the petitioner company, the respondent
no.2 had verified the facts and the Apex Committee of the respondent
no.2 had decided to recall the demand raised by them to the petitioner
company. They informed the representative of the petitioner vide
their letter No.95418 dated 13th January, 2017.
5. Mr.Rajiv Manchanda, the Assistant Vice President of the respondent
no.2, has filed his affidavit dated 28th August, 2017 in which, inter
alia, he testified that after verification on receipt of representation
from the petitioner company the apex committee of the respondent
no.2 came to the conclusion that the case of the direct theft of
electricity is to be dropped and assessment bill dated 30th August,
2017 raised pursuant to the inspection dated 29th August, 2017 is to be
withdrawn. He further deposed in the affidavit that the respondent
no.2 company has no objection if the said FIR is quashed.
6. Learned ASC through IO submits that the charge sheet has so far not
been filed.
7. When the parties had amicably settled the matter and the impugned
bill dated 30th August, 2016 raised against the petitioner had been
recalled, 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, North
District, 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
of.
10. DASTI.
VINOD GOEL, J.
SEPTEMBER 18, 2017/jitender
