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High Court of DelhiCRL.M.C./5181/2017

Sudesh Maan & ANR v. The State Govt Of NCT Of Delhi & ANR

2017-12-12Hon'Ble Ms. Justice Anu Malhotra2 pages

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5181/2017 SUDESH MAAN & ANR ..... Petitioners Through:

Mr.J.S.Arya, Advocate versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through:

Mr.Izhar Ahmad, APP for State with SI Bansi Lal, PS Mehraulli.

Ms.Anju Thomas, Adv for R-2 with the AR of the R-2

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 12.12.2017 Crl.M.A. No.20422/2017 This is an application filed on behalf of the petitioners for exemption from filing the original documents and official translation of annexures.

Exemption allowed, subject to just exceptions Crl.M.C. No. 5181/2017 Vide the present petition the petitioner seeks quashing of the FIR No. 823/2015 under Section 135 of the Indian Electricity Act (Amended), 2003, Police Station Mehrauli, related to an amount of Rs.4,31,150/- qua alleged ' Dishonest Abstraction of Electricity' in relation to case ID No. RJ030914SA067 submitting to the effect that the respondent No.2 has already issued a ' No Due Certificate' in relation thereto which is placed on record as Annexure P-5 to the petition in relation to the same case ID No. RJ030914SA067 which

indicates that the net due charge of Rs. 0.000 in relation Samita Mann arrayed as petitioner No.2 to the present petition and Sudesh Mann arrayed as petitioner No.1 to the present petition. Learned counsel for the respondent No.2, under instructions from the Standing Counsel of the BSES, Sh. Sunil Fernandes, as submitted by her, submits that there is no opposition to the present petition in view of the Annexure P-5, the 'No Due Certificate' issued by the respondent No.2. To the same effect is the submission made on behalf of the State.

In view thereof, there being apparently no reason to proceed with the proceedings qua the FIR No.0823/2015 in view of the 'No Due Certificate' on the record as submitted by the respondent admittedly against the petitioners, the FIR No. 823/2015 under Section 135 of the Indian Electricity Act (Amended), 2003, Police Station Mehrauli and all proceedings emanating therefrom are quashed.

The petition is disposed of.

A copy of the order be given dasti under the signatures of the Court Master.

ANU MALHOTRA, J DECEMBER 12, 2017/sv