The court established that it had no power to quash the FIR and criminal proceedings for a non-compoundable offence, and that administrative guidelines do not have statutory force.

( 1 ) THIS petition is filed under Section 482 of the cr. P. C. for quashing the FIR No. 107/98 registered at p. S. Ambedkar Nagar under Section 39 and 44 of the indian Electricity Act (in short the Act) read with section 379 IPC and the criminal proceeding arising therefrom and pending before the court.

( 2 ) BRIEFLY stated, the facts are that a joint team of the DESU/dvb conducted a raid at premises no. 61-B, sainik Farm and detected theft of electricity by hooking light PVC copper wire of black colour with the electricity main line, details of which was given in the complaint, thereby offences under Section 39 and 44 of the Act read with Section 379 of IPC are alleged to have been committed. After investigation was over the chargesheet was submitted for prosecution of the petitioner which is pending before the court,

( 3 ) THE contention of the petitioner is that the respondent/dvb had raised a bill for Rs. 1 ,19,439. 80 on the tariff applicable on theft/dishonest abstraction of the electrical energy and directed it to be paid on or before 13. 4. 1999. The petitioner has paid the entire amount of the bill on 13. 4. 1999 against a receipt, In accordance with the Circular dated 16. 5. 1996 issued by the respondent/dvb the complaint in respect of theft of electricity should be filed only when the theft bill raised by the DVB for payment was not paid by the consumer by due date and not otherwise. Without giving an opportunity to the petitioner to pay the amount payable as per appropriate tariff in case of dishonest abstraction of electricity, a complaint could not be made and FIR can also not be registered. The registration of the FIR in violation of the office circular of DVB is illegal and is liable to be set aside. Referring to the judgement of this court in purshotam Lal Gupta Vs. State and Anr. 97 (2002) DLT 917 it was prayed that the case registered against the petitioner and the charge-sheet filed against him for the prosecution of the petitioner for the offences under Sections 39 and 44 of the Act read with Section 379 IPC be quashed.

( 4 ) COUNSEL for petitioner has argued that as per office Circular no. CE (COMML )/doi/p-29/96-97/7 dated 16. 5. 1996 the FIR should not be lodged in cases of pilferage of energy and/or direct theft, in case where fir has not been lodged, and the consumer was willing to pay the assessment bill at the rate and the manner provided in the tariff. He has contended that the respondent raised a demand in accordance with this circular and the petitioner has duly deposited the amount of the theft bill within the due date, therefore, the filing of the complaint is in breach of this Office Circular. The FIR which has been registered on the basis of the complaint and the charge-sheet filed are liable to be quashed. He has heavily relied upon the judgement of this court in purshotam Lal Gupta (supra ). He also REFERRED TO to the judgement of another Single Bench of this court in mukesh Kumar Vs. State and Anr. 87 (2000) DLT 749.

( 5 ) I have given careful consideration to the submissions made by the counsel for the petitioner and the case law cited by him.

( 6 ) IT is pertinent to note that as per Office circular dated 16. 5. 1996 the complaints are not to be lodged for registration of FIR in case of pilferage of energy and/or direct theft if in cases where " FIR has not been lodged for whatever reasons and the consumer is willing to pay the assessment bill at the rate and manner provided in the tariff". In the instant case the FIR was registered on the complaint made by the respondent on 7. 3. 1998. The petitioner in para 2 and 3 of the petition, however, alleged that he was required to pay the bill raised by the respondent by 13. 4. 1999, i. e. much after the registration of the FIR of the case.

( 7 ) THE case has been registered for dishonest abstraction of the electricity by the petitioner by hooking the electrical wires with the electrical lines of the respondent/dvb. The petition