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In this case of Saleem Ahmed VERSUS State & Anr, an appeal is filed against the final judgment and order dated 05.09.2018 passed by the High Court of Delhi at New Delhi in Crl.M.C. No.4476 of 2018 whereby the High Court dismissed the petition filed by the appellant herein. In this case The appellant is the owner of the house bearing No. F11/75 (SF), Khasra No. 2271/4, Malviya Nagar, Khirkee Extn., New Delhi. The appellant let out this house to respondent No. 3 (the name of respondent No.3 was deleted from the array of the parties by this Court order dated 25.04.2019) on monthly rent.
On 15.12.2014, the officials of the Enforcement Department of BSES Rajdhani Power Ltd.respondent No. 2 herein inspected the electricity meter installed in the aforesaid house and found that the meter was not recording correct reading. On verification, the BSES made assessment in relation to the consumption of the electricity and accordingly sent a bill for theft for Rs. 97,786/to the appellant and respondent No. 3 because he being in occupation of the house was found consuming the electricity supplied by the BSES. The case was accordingly registered against the appellant and respondent No.3.On 27.02.2015, the BSES organized one Permanent Lok AdalatI in Lower Courts at Delhi under the provisions of Legal Services Authorities Act, 1987 to settle their several recovery cases.
The appellant's case was also fixed for settlement. By order dated 27.02.2015 the case was settled at Rs.83,120/against full and final payment of the aforesaid bill of Rs.97,786/. The appellant accordingly paid Rs.83,120/to the BSES in terms of the order dated 27.02.2015 in three equal instalments. Despite settlement of the case and receiving the payment, the BSES filed FIR No.548/15 against the appellant on 21.03.2015 under Section 135 of the Electricity Act in P.S. Malviya Nagar, South Delhi in relation to the same demand. The appellant felt aggrieved by the registration of FIR against him and filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”) in the High Court challenging its registration as being bad in law. The High Court, by impugned order, dismissed the petition, which has given rise to filing of the present appeal by way special leave by the appellant in this Court.
Subsequently the appellant filed an appeal in the Supreme Court, the court after hearing the case and scrutinizing the facts held “We are, therefore, of the considered view that the filing of FIR after passing of the award by the Lok Adalat was wholly unjust and illegal and the same was not permissible being against the terms of the award and also for want of any subsisting cause of action arising out of demand. It is, therefore, not legally sustainable. In view of the foregoing discussion, the appeal succeeds and is accordingly allowed. The impugned order is set aside. As a consequence, the petition filed under Section 482 of the Code by the appellant is allowed and FIR No. 548/2015 registered in PS Malviya Nagar, South Delhi against the appellant is hereby quashed.
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