Saleem Ahmed v. State & ORS

$~27 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4476/2018 and Crl.M.A.31366/2018 SALEEM AHMED ..... Petitioner Through:

Mr. V.K. Sharma, Advocate with petitioner in person.

Versus

STATE & ORS ..... Respondents Through:

Mr. Ravi Nayak, APP for the State with SI Brahampal Singh, PS Malviya Nagar.

Mr. Sunil Fernandes, Standing Counsel for BSES/RPL with Ms. Anju Thomas, & Mr. Arnav Vidyarthi, Adv.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 05.09.2018 The case FIR No.548/2015, under Section 135 of the Electricity Act, 2003 of Police Station Malviya Nagar, involves theft of electrical energy. The prayer by the petition at hand presented under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) is for quashing of the FIR on the ground that the petitioner has already paid penalty, which is in the nature of civil liability.

Similar petition of co-accused, it being Crl.M.C.3317/2018, titled Masood Mohamad Aman vs. The State (NCT) of Delhi & Ors., was dismissed by this court by order dated 06.07.2018 with reference to the ruling of the Supreme Court in Parbatbhai Aahir alias Parbatbhai Bhimsinhbhai Karmur and Others v. State of Gujarat and Another, (2017) 9 SCC 641.

CRL.M.C. 4476/2018

The said decision and the reasoning set out therein squarely apply to the matter at hand. It may be reiterated that the theft of electrical energy is also an economic offence involving financial and economic well being of the State and has implications which lie beyond the domain of mere dispute between the private disputants.

It may also be added that as observed in Central Bureau of Investigation vs. Maninder Singh, 2016 (1) SCC 389, such offence committed that designedly with an eye on personal wrongful gain regardless of consequences to the society at large, do not fall in the category where the court should exercise the inherent power to bring an end to the prosecution, such exercise of power being in the nature of "misplaced sympathy" at the cost of society at large.

The petition and the application filed therewith are dismissed. R.K.GAUBA, J.

SEPTEMBER 05, 2018 vk CRL.M.C. 4476/2018