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2017 DIGILAW 1987 (RAJ)

ANUJ GOYAL v. STATE OF RAJASTHAN

2017-09-06

SABINA

body2017
ORDER : Sabina, J. Petitioner has filed this petition under section 482 Code of Criminal Procedure, 1973 for quashing of the First Information Report No. 547/2017 registered at Police Station A.P.T., Behror, Distt. Alwar for offence under section 135 of the Electricity Act, 2003. 2. Learned counsel for the petitioner has submitted that petitioner has deposited the amount in question with the Department. In this regard, learned counsel has placed reliance on the receipts Annexure-3. 3. Learned counsel for the Nigam has failed to contovert the submissions made by the learned counsel for the petitioner. 4. In the present case, as per the prosecution story, petitioner had indulged in theft of electricity. Vide order dated 03.06.2017 (Annexure-2) petitioner was directed to deposit Rs 1,57,404/- by way of compoundable fee. However, now petitioner has deposited the said amount vide receipts dated 10.08.2017 (Annexure-3). 5. Since, the amount in question has already been deposited by the petitioner, continuation of criminal proceedings against the petitioner, would be nothing but an abuse of process of law. 6. Accordingly, this petition is allowed. FIR No. 547/2017 registered at Police Station A.P.T., Behror, Distt. Alwar for offence under section 135 of the Electricity Act, 2003 and all consequential proceedings arising therefrom are quashed.