Court No. - 49
Case :- CRIMINAL MISC. WRIT PETITION No. - 3344 of 2021 Petitioner :- Islamuddin Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Mohammad Arshad Khan Counsel for Respondent :- G.A.
Hon'ble Bachchoo Lal,J. Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the petitioner, learned A.G.A. for the State through video conferencing and perused the record.
The present writ petition has been filed by the petitioner for quashing the first information report dated 5.1.2021 registered as case crime no. 19 of 2021 under Section 135 Electricity Act 2003, police station Anti Power Theft Meerut, District Meerut with a further prayer not to harass / arrest the petitioner in pursuance of the aforesaid first information report. It has been further prayed that respondent no. 4 be directed to decide the representation of the petitioner dated 5.3.2021 pending before him.
Learned counsel for the petitioner submits that respondent no. 4 wrongly issued bill of Rs. 37,127/- of two months in favour of the petitioner. Due to pendency of the aforesaid dues connection of the petitioner was disconnected on 22.12.2020. One person namely Shan Mohammad @ Soni, who is lineman met to the petitioner and told that if he gives Rs. 10,000/-, he may connect the electric connection and thereafter he connected the electric connection of the petitioner on 24.12.2020. It has further been submitted that no offence is made out against the petitioner. Respondent no. 4 has issued notice of Rs. 2,99,866/-. Thereafter, petitioner approached in the office of respondent no.
4. Shan Mohammad @ Soni asked the petitioner that if he provides Rs. 50,000/-, the matter may be settled. The petitioner has given Rs. 50,000/- to Shan Mohammad @ Soni who is lineman but the aforesaid lineman has neither finished the aforesaid notice nor connect the connection of the petitioner. The petitioner thereafter moved an application under section 156(3) Cr.P.C. against Shan Mohammad @ Soni which is still pending. It has further been submitted that the connection of the petitioner is a domestic connection and not commercial. Wrong bill was issued by respondent no. 4. The petitioner is a poor man and doing work as a weaver.
Per contra learned A.G.A. argued that in the first information report it has been mentioned that the electric connection of the petitioner was disconnected. The petitioner fixing additional cable to L.T. line pole was committing theft of electricity. From the allegation made in the first information report prima facie cognizable offence is made out against the petitioner, therefore, impugned first information report is not liable to be quashed.
As per first information report version electric connection of the petitioner was disconnected, thereafter he was committing theft of electricity by connecting additional cable to the L.T. Pole. From the allegation made in the first information report, it cannot be said that no cognizable offence is made out against the petitioner.
Considering the facts and circumstances of the fact, we do not find any ground to quash the impugned first information report, therefore, prayer for quashing the same is refused.
The writ petition lacks merit and is liable to be dismissed and is accordingly dismissed.
Order Date :- 20.5.2021 Gss