Umashankar v. State & Ors

Crl.M.C.No.510/2007

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Crl.M.C.No.510/2007

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Date of decision : 23.07.2008

Umashankar

….… Petitioner

Through: Mr.Yogender Kumar, Advocates.

Versus

The State (NCT of Delhi) & Another

......... Respondents Through : Mr. R.N. Vats, APP for the State.

Mr.J.S. Lamba, Advocate for the

respondent-BSES

CORAM :- * HON'BLE MR. JUSTICE ANIL KUMAR

¶1Whether reporters of Local papers may

be allowed to see the judgment?

¶2To be referred to the reporter or not?

¶3Whether the judgment should be reported

in the Digest?

ANIL KUMAR, J. *

This is a petition for quashing of FIR No.101/1997 P.S. Najafgarh under Section 379 IPC, 39/34 of Indian Electricity Act.

Learned counsel for the petitioner contends that all the demands against the petitioner raised by respondent No.2 have been paid and no amount is due. Learned counsel for respondent No.2 accepts that the demand raised against the petitioner has been met and no useful purpose shall be served in continuing the proceedings Crl.M.C.No.510/2007

pertaining to FIR No.101/1997 P.S. Najafgarh under Section 379 IPC, 39/34 of Indian Electricity Act.

FIR was registered pursuant to a raid conducted at the premises of the petitioner and the bill for the theft of electricity was raised for Rs.1,087.11 paise. The amount has already been paid. Considering the facts and circumstances, it will not serve any useful purpose to continue the proceedings in FIR No.101/1997 P.S. Najafgarh under Section 379 IPC, 39/34 of Indian Electricity Act. It shall also be in the interest of justice to quash the FIR and proceedings.

Therefore, in the totality of facts and circumstances, FIR No.101/1997 P.S. Najafgarh under Section 379 IPC, 39/34 of Indian Electricity Act and all the proceedings emanating therefrom are quashed.

The petition is disposed of.

Dasti.

July 23, 2008

ANIL KUMAR, J. 'Ravindra'