Criminal Misc. Writ Petition seeking quashing of an FIR under Section 135 of the India Electricity (Amendment) Act, 2003. The Court held that allegations disclose a cognizable offence and dismissed the petition.
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Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 9405 of 2019
Petitioner :- Mahipal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vandana Gupta,Ashutosh Gupta Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State-respondent nos.1 & 2, Sri Gauri Shankar Yadav, learned counsel for respondent no. 3 and perused the record.
The instant petition seeks quashing of the FIR dated 08.03.2019 registered as Case Crime No. 66 of 2019, under Section 135 of India Electricity (Amendment) Act, 2003, at Police Station Navjheel, District Mathura.
The allegations made in the impugned First Information Report disclose that there had been illegal abstraction of electricity by use of a cable to run a power motor.
As the allegation disclose commission of cognizable offence, the prayer to quash the F.I.R., cannot be accepted. The petition is dismissed with liberty to the petitioner to apply for bail or for compounding, as may be advised. Order Date :- 12.4.2019 Vibha Singh
1 issue framed by the court
Whether the FIR alleging illegal abstraction of electricity under Section 135 of the India Electricity (Amendment) Act, 2003 is maintainable for trial or quashable.
1 provisions across 1 enactments
Mahipal
State Of U.P.
2 Others
Manoj Misra
Suresh Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
