Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 3873 of 2021 Petitioner :- Gita Devi @ Gita Bhati Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar,Manish Kumar Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J.
Hon'ble Syed Aftab Husain Rizvi,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 10.07.2020 registered as Case Crime No.975 of 2020, under Section 135-1(a) of Indian Electricity (Amendment) Act, P.S. Anti Power Theft, Gautam Budh Nagar, District Gautam Budh Nagar.
The allegation in the impugned first information report is in respect of using electricity to supply it to tenants by bye-passing the electricity meter.
The contention of the learned counsel for the petitioner is that the impugned first information report is delayed and there is no proper recovery memo also.
The grounds taken above cannot be used to quash the impugned first information at the threshold particularly when in the impugned first information report it is stated that videography of the raid operation was done.
In view of the above, 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 :- 27.5.2021 AKShukla/-
Digitally signed by Justice Manoj Misra Date: 2021.05.28 13:51:09 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by SYED AFTAB HUSAIN RIZVI Date: 2021.05.28 13:53:47 IST Reason: Document Owner Location: High Court of Judicature at Allahabad