In a criminal miscellaneous writ petition, the petitioner sought quashing of an FIR alleging illegal electricity abstraction. The court held that such allegations must be tested during investigation and trial, not at the writ stage, and dismissed the petition.
The prayer to quash the First Information Report is rejected. The petition is dismissed.
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Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 2809 of 2021
Petitioner :- Shakir Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mashaluddin Shah Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 05.12.2020 registered as Case Crime No.3082 of 2020, under Section 135 Electricity Act at P.S. Anti Power theft Firozabad, District Firozabad.
The allegation in the impugned first information report is that upon checking, it was found that there was illegal abstraction of electricity by use of "Katiya" in the premises of the petitioner bypassing the meter.
The learned counsel for the petitioner has submitted that the allegations are false and that he has been falsely implicated.
It is well settled that correctness of the allegation in the first information report is not to be ordinarily tested in exercise of power under Article 226 of the Constitution of India as it would have to be tested on the basis of material collected during the course of investigation and the evidence led in trial, if any required.
As an illegal abstraction of electricity has been found, 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 or compounding of the offence, as may be advised.
Order Date :- 5.4.2021.
Rks.
3 issues framed by the court
Whether the correctness of allegations in the First Information Report regarding illegal abstraction of electricity should be tested at the writ stage.
Whether the First Information Report in the case of illegal abstraction of electricity can be quashed under Article 226.
What relief is available to the petitioner after dismissal of the writ petition seeking quashing of the FIR.
2 provisions across 2 enactments
Shakir
State Of U.P.
2 Others
Manoj Misra
Rohit Ranjan Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
