Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 25764 of 2019 Petitioner :- Hiyat Ullah Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Thakur Prasad Dubey Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the petitioners and the learned A.G.A. for the State.
The present writ petition has been filed by the petitioners seeking quashing of the FIR dated 24.2.2019 registered as Case Crime No. 0088 of 2019, under Sections 135 Indian Electricity (Amendment) Act, 2003, Police Station- Kokhraj, District- Kaushambi with a further prayer, not to arrest the petitioner in pursuance of the first information report.
As per F.I.R. version, premises of petitioner was raided and it was found that electricity theft was being committed by him by bypassing the electricity meter in the name of one Shaukat Ulla installed in the said premises.
It is submitted by the learned counsel for the petitioner that no offence as alleged in the F.I.R. has been committed by the petitioner. Shaukar Ullah, who was his father, has died. The petitioner has paid the entire dues of electricity in May, 2019 but due to non-fulfilment of illegal demand made by the line man, this F.I.R. has been lodged with false and fabricated allegation of using electricity by bypassing the meter. Hence, impugned F.I.R. may be quashed.
Per contra learned A.G.A contended that the allegations made in the first information report cannot be aborted at this stage. The petitioners will have sufficient opportunity to rebut the allegations.
The Full Bench of this Court in Ajit Singh @ Muraha Vs. State of U.P., 2006 (56)ACC 433 reiterated the view taken by the earlier Full Bench in Satya Pal Vs. State of U.P., 2000 Cr.L.J. 569, after considering the various decisions including State of Haryana Vs. Bhajan Lal, AIR 1992 SC 604 that there can be no interference with the investigation or order staying arrest unless cognizable offence is not ex-facie discernible from the allegations contained in the FIR or there is any statutory restriction operating on the power of the police to investigate a case.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out. Hence no ground exists for quashing of the FIR or staying the arrest of the petitioners.
The writ petition is accordingly dismissed.
However, it is provided that if the petitioners appear or surrender before the Court concerned within thirty days from today and apply for bail in the aforesaid case, their prayer for bail shall be considered by the court below expeditiously, in accordance with law.
Order Date :- 18.12.2019 SY