Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 11500 of 2019 Petitioner :- Abhinav Sharma @ Anubhav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Daya Shankar Vishwakarama 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 respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 29.01.2019 registered as Case Crime No.0043 of 2019, under Section 138(1)(b) of Electricity Act 2003, P.S. Maudarwaja, District Fatehgarh/Farrukhabad.
The allegation in the impugned first information report is that electricity connection of the petitioner was disconnected but the petitioner again unauthorizedly reconnected the same.
As cognizable offence is disclosed by the impugned first information report the prayer of the petitioner to quash the first information report cannot be accepted.
At this stage, learned counsel for the petitioner has submitted that earlier also, on the same allegations, a first information report was lodged against the petitioner on 12.9.2018.
The contention of the learned counsel for the respondent is that it appears to be a case of fresh disconnection and reconnection and, therefore, again offence has been committed.
Be that as it may, as the impugned first information report discloses commission of cognizable offence the prayer to quash the first information report cannot be accepted. The Investigating Officer shall examine whether it is a fresh offence or same offence reported earlier.
With the aforesaid observation the petition is disposed off without prejudice to the right of the petitioner to seek bail or apply for compounding as may be advised.
Order Date :- 30.4.2019 Md Faisal