Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 34336 of 2018 Petitioner :- Gajendra Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ramesh Chandra Yadav,Ajay Yadav Counsel for Respondent :- G.A.,Chandan Agarwal
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri R.C.Yadav, counsel for the petitioner, Sri Shrish Kumar Tiwari, Advocate, holding brief of Sri Chandan Agarawal, counsel for the respondent and Additional Government Advocate for the State.
Writ petition has been filed quashing the F.I.R. dated 11.10.2018 registered as case crime no. 1458 of 2018 under section 135(1)(a) of Indian Electricity Act (Amendment) 2003, Police Station, Phase IIIrd, District Gautam Budh Nagar.
A perusal of the F.I.R. shows that at the time of inspection, the petitioner was found taking connection one other than regular connection from that connection he was consuming 5006 watt. The impugned F.I.R. discloses congizable offence, as such, it is not liable to be quashed.
So far as argument of the petitioner in respect of Section 135(1)of Indian Electricity Act (Amendment) 2003 that F.I.R. in the aforesaid case was not lodged within 24 hours of the aforesaid inspection. Section 135(1-A) of Indian Electricity Act( (Amendment) 2003 containing sub -clause (a) provides for disconnection of supply of electricity. This provisio is the exception to the main provision which is in respect of disconnection.
The F.I.R. discloses cognizable offence, as such, it is not liable to quashed.
The writ petition is dismissed.
Order Date :- 29.11.2018 aks