The High Court disposed of a writ petition seeking quashing of an FIR via observation that the investigation officer may examine the petitioner's claim of identity error during the ongoing investigation.
Writ petition disposed of with direction to investigate the discrepancy.
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Neutral Citation No. - 2023:AHC:110382-DB
Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 413 of 2023 Petitioner :- Avaneesh Kumar Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sudhir Kumar Singh Counsel for Respondent :- G.A.,Chetan Chatterjee
Hon'ble Anjani Kumar Mishra,J. Hon'ble Ms. Nand Prabha Shukla,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the petitioner and learned AGA for the State.
The writ petition seeks quashing of the F.I.R. dated 14.12.2020 giving rise to Case Crime No.1394 of 2020, under Section 135 of the Indian Electricity (Amendment) Act, 2003, Police Station Anti Power Theft Thana, Mau, District Anti Power Theft/Mau.
The contention of learned counsel for the petitioner is that his name is Avaneesh Kumar Singh and the First Information Report of Case Crime No.1394 of 2020, under Section 135 of the Indian Electricity (Amendment) Act, 2003, Police Station Anti Power Theft Thana, Mau, District Anti Power Theft/Mau has been lodged against one Aswani Kumar Singh. The petitioner is, therefore, being unnecessarily harassed, although, he has no concern with the First Information Report or the crime alleged therein.
Sri Chetan Chatterjee, learned counsel appears for the Electricity Board states that it is a case of electricity theft. The addressed where theft took place matches with that of petitioner. Even his father's name matches and, therefore, petitioner is trying to take advantage of what may, at best, be a typographical error.
In our considered opinion, no useful purpose is going to be served by entertaining the writ petition and keeping pending.
The writ petition is disposed of with the observation that the Investigating Officer may also examine the aspect, which is sought to be raised by means of the writ petition, during investigation.
Subject to the above, this writ petition stands disposed of.
Order Date :- 19.5.2023
Digitally signed by :- Mini MINI KANAUJIYA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the writ petition seeking quashing of the FIR against the petitioner based on identity errors should be entertained despite pending investigation.
Avaneesh Kumar Singh
State Of U.P.
Anjani Kumar Mishra
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
