Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3161 of 2021 Petitioner :- Bechoo Ram Alias Bechoo Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pradeep Kumar Dwivedi Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
Counsel for the petitioner has some problem.
The allegation against the petitioner under Section 135 of the Electricity Act, 2003.
The punishment as prescribed in Section 135 of the Act is not beyond 7 years and, therefore, the provisions of Section 41-A of the Code of Criminal Procedure would be adhered to by the police authorities before any arrest is made.
Prima Facie, we do not feel that quashment of the F.I.R. can be done in the matters where the petitioner is said to have committed illegality. The provisional bill and penalty is also levied against him. The main apprehension that he would be arrested is belied because of the provisions of law. It is stated that he has already paid certain amount under the protest.
It has been stated by the Petitioner that he was a bona fide connection holder and he has already challenged the bills and he was regularly depositing the bills and he has been mala fidely prosecuted by the Electricity department. The police authority will also consider the statement of the petitioner and shall investigate the matter in a fair and impartial manner and shall adhere to the provisions of Section 41-A of Cr.P.C.
With these observations, this writ petition is partly allowed. No order as to cost.
Order Date :- 12.5.2021 Irshad