Narendra Kumar v. State of U.P. and 3 Others
Case brief
What is this about?
Writ petition to quash an FIR under Section 135 of the Indian Electricity Act, 2003, alleging theft. Court refused to quash the FIR due to prima facie offence but directed the petitioner to apply for compounding under Section 152 of the Act before the Executive Engineer and granted interim arrest protection for two months.
What did the court decide?
Prayer to quash FIR refused; petitioner directed to apply for compounding under Section 152; interim arrest protection granted for two months.
What the court decided
Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 26145 of 2019
Petitioner :- Narendra Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shyam Babu Vaish Counsel for Respondent :- G.A.
Hon'ble Naheed Ara Moonis,J. Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioner, Sri Gauri Shanker Yadav, learned counsel appearing on behalf of respondent no. 4 and the learned AGA for the respondents-State and perused the record.
The instant writ petition has been filed by the petitioners invoking the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India with a prayer to quash the first information report dated 7.8.2019 bearing Case Crime No. 0696 of 2019, under Section 135 of the Indian Electricity Act (Amended) 2003, Police Station Highway, district Mathura.
It is submitted by the learned counsel for the petitioner that the petitioner is maliciously being harassed on the basis of false allegation made in the first information report. The petitioner has never indulged in the theft of the electricity. The petitioner is having valid electricity connection and is regularly paying the electricity bill. However, the petitioner is ready to clear all the electricity dues, if any.
Per contra the learned counsel appearing for the Power Corporation contended that in case the petitioner is ready to clear all the electricity dues he may move an application before the competent authority narrating the entire facts and the competent authority shall decide the same.
Issues for consideration
1 issue framed by the court
Whether the FIR under Section 135 of the Indian Electricity Act can be quashed in proceedings involving alleged theft of electricity.
Parties & counsel
- petitioner
Narendra Kumar
- respondent
State Of U.P.
Coram
Naheed Ara Moonis
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- CRLP/26145/2019
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