A.P.CHOWDHRI, J. - (1.) THIS is a petition under Section 482 of the Code of Criminal Procedure (for short the Code) for quashing the FIR No. 278 dated 11-7-1987, Police Station. Central, Faridabad, relating to large scale theft of electric energy by various industrial units in connivance with the concerned staff of the Haryana State Electricity Board (for short, the Board). The petitioners are Assistant Engineers or Assistant Executive Engineers who were posted in the M&P Division (i.e. Maintenance and Protection Division) of the Board for Faridabad and Ballabgarh areas during the relevant period from January 1986 to January 1987.
(2.) ACCORDING to the FIR the Director, Vigilance and Security of the Board received intelligence reports regarding large scale theft of electric energy by several industrial units in connivance with the staff of the Board. Readings from the feeder meters at various sub-stations as also those from the records maintained at the sub-stations were obtained. Readings were also obtained through the Sub Divisional Officers concerned with respect to the consumer meters of various, industrial units for the period January, 1986 to January, 1987. It was discovered that the variance between the readings at the point of supply and the point of consumption far exceeded the permissible limits of 7% (being +/-3% on account of working of meters and 1% due to line losses). It was, therefore, observed that the various industrialists had indulged in large scale theft of electric energy in connivance with the staff of the Board. The staff responsible for sealing/maintenance of the meters was the M&P Organisation and the petitioners were working there during the period in question. It was requested that the case be got investigated and culprits brought to book. The present petition was filed promptly within about 2-1/2 months of the lodging of FIR. The case of the petitioners is that the Director, Vigilance and Security had written a similar letter dated 17-4-1931 to the Additional Chief Engineer of the Board relying on the same data and requesting for names of those responsible for the maintenance of the meters in question. The Additional Chief Engineer investigated the matter through the engineers working under him in the field. This resulted in letter bearing Endst. dated 26-4-1988 which was placed on record by Crl. Misc. No. 7461 of 1989. For the sake of convenience the said letter may be referred to as Annexure P-6. This was written by Chief Engineer (Operation) South in pursuance of 4th Operational Review Committee meeting. In the letter a number of technical reasons were identified which could be responsible for the variation in the reading at two ends i.e. feeder meter and consumer meter. It also talked of remedial steps. "In other words, responsible authorities of the Board came to the conclusion that the M&P staff or the operational staff need not be blamed for wide variations which could be explained for the above technical reasons unless there was authentic proof of intentional mischief by any individual official/officer.
(3.) FURTHER case of the petitioners is that as per standing practice, a monthly report is sent to the Head Office. In addition, a special report (Annexure P5 with its enclosure P5 1 to P-5/5) was sent by Sub Divisional Officer (Operation), Mathura Road Sub Division, Faridabad, with respect to the particular period of January 1986 to January 1987 specifically in view of the data mentioned in the letter of Director, Vigilance. The special report concluded, on the basis of data mentioned therein that the variance was within permissible limits and in three instances mentioned in Annexure P-5/4 the feeder meter at the sub-station had run in reverse direction for technical reasons given therein.;