Madras High CourtCRL OP(MD)/12945/2015allowed

R. Sivaraman v. The Inspector Of Police

2019-10-24Honourable Mr Justice G.R.Swaminathan2 pages

Crl OP(MD)No.12945 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.10.2019 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl OP(MD)No.12945 of 2015 and MP(MD)No.1 of 2015 1.R.Sivaraman 2.N.Rajagopal ... Petitioners / Accused Nos.1 and 2 Vs.

1.State, rep.by the Inspector of Police, E4, Sindhupatti Police Station, Madurai District.

(Crime No.49 of 2015) ... 1st Respondent / Complainant 2.A.John Arockia Dass ... 2nd Respondent / Defacto complainant Prayer : Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the First Information Report in Crime No.49 of 2015 dated 01.04.2015 on the file of the respondent No.1 Police Station offences under Sections 135(1), 139 of Electricity Act, 2003 and quash the same as illegal.

For Petitioners : Mr.T.Lajapathi Roy For Respondents : Mr.A.Robinson, Government Advocate (crl.side) for R1 Mr.S.M.S.Johny Basha for R2

ORDER

The petitioners stand accused in Crime No.49 of 2015 registered on the file of the first respondent for the offences under Sections 135 (1) and 139 of the Electricity Act, 2003. It is a case of energy theft. The liability of the petitioners was quantified at Rs.11.00 lakhs. The first petitioner is no more. The second petitioner had already remitted a sum of Rs.5,47,000/-. The learned counsel for the petitioners state that the second petitioner N.Rajagopal would pay the balance amount of Rs.5,53,000/- to the TANGEDCO in six monthly installments. His first installment will commence on 12.12.2019. Since the dues payable by the second petitioner to the second respondent are to be cleared in full, I am of the view that the impugned FIR need not be kept pending. Therefore, the same is quashed. The impugned FIR is quashed only on the strength of the undertaking given by the petitioner to clear https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl OP(MD)No.12945 of 2015 the dues of TANGEDCO. If the petitioner does not adhere to the undertaking given before this Court, it is open to the first respondent to file final report against the petitioners herein. 2.This criminal original petition is allowed on these terms. Connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AD-I) // True Copy // Sub Assistant Registrar(CS ) Skm To

1. The Inspector of Police, E4, Sindhupatti Police Station, Madurai District.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-94531[F] dated 25/10/2019 ) Crl OP(MD)No.12945 of 2015 and MP(MD)No.1 of 2015 24.10.2019 MK (18.12.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2