Criminal Misc. Writ Petition seeking quashing of an FIR alleging illegal electricity abstraction under Section 135 of Electricity (Amendment) Act, 2003. Court held investigation mandatory as allegations were cognizable.
Petition to quash the First Information Report dismissed without prejudice to the right to apply for bail.
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Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 7696 of 2020
Petitioner :- Gaya Prasad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Om Prakash Mishra Counsel for Respondent :- G.A.,Baleshwar Chaturvedi
Hon'ble Manoj Misra,J. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the petitioner; learned AGA for respondents 1 and 2; Sri Baleshwar Chaturvedi for the respondent no.3; and perused the record.
The instant petition seeks quashing of the first information report dated 26th January, 2020 registered as Case Crime No.0059 of 2020, under Section 135 of Electricity (Amendment) Act, 2003 at Police Station Anti Power Theft Kasganj, District Kasganj.
The allegations made in the impugned first information report disclose commission of cognizable offence, inasmuch as, it is alleged that upon inspection, illegal abstraction of electricity through a cable bypassing the meter was found.
The contention of learned counsel for the petitioner is that the petitioner had applied for electricity connection but the same was not made available to him and the allegations are false.
Whether the allegations are true or false would have to be tested during the course of investigation but since the allegations disclose illegal abstraction of electricity, the prayer of the petitioner to quash the first information report cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioner to apply for bail/anticipatory bail, as may be advised.
Order Date :- 24.8.2020. Rks.
2 issues framed by the court
Whether the prayer to quash the First Information Report disclosing illegal abstraction of electricity can be accepted.
Whether allegations of false connection denial preclude quashing at this stage.
1 provisions across 1 enactments
Gaya Prasad
State Of U.P.
Manoj Misra
Anil Kumar-IX
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
