Court No. - 54
Case :- CRIMINAL MISC. WRIT PETITION No. - 11179 of 2019 Petitioner :- Jay Prakash Shukla Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajeet Kumar Singh Counsel for Respondent :- G.A.,Vijai Kumar Srivastava
Hon'ble Naheed Ara Moonis,J. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the petitioner, Sri V.K. Srivastava, learned counsel appearing on behalf of respondent no. 3 and the learned AGA for the respondents-State and perused the record.
The instant writ petition has been filed by the petitioners invoking the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India with a prayer to quash the first information report dated 24.3.2019 bearing Case Crime No. 41 of 2019, under Section 135 Electricity Act, Police Station Sukhpura, district Ballia.
It is submitted by the learned counsel for the petitioner that the petitioner is unnecessarily being harassed by the police authorities. The first information report has been lodged by the respondent no. 3 with the allegations that the petitioner has failed to show the valid papers relating to electricity connection taken by the petitioner. It is further submitted by the learned counsel for the petitioner that the entire prosecution story is the outcome of personal grudge of the respondent no. 3. There is nothing on record to substantiate the allegation made against the petitioner rather it reflects the manoeuvring on the part of the respondent no. 3. Therefore, the first information report so lodged by the respondent no. 3 is liable to be quashed.
Per contra the learned A.G.A.as well as the learned counsel for the respondent no. 3 contended that the allegations contained in the first information report cannot be nipped in the bud. There are sufficient material showing the complicity of the petitioner. The innocence of the petitioner cannot be adjudged at this stage.
From perusal of the F.I.R., prima facie cognizable offences is made out at this stage against the petitioner therefore, we do not find any cogent or convincing reason to quash the first information report. The prayer for quashing the first information report is refused.
It is however, provided that the petitioner shall move an application within two weeks before the Executive Engineer (respondent no. 3) who shall consider and decide it in accordance with law within six weeks. In the meantime, the petitioner shall not be arrested in the aforesaid case till the submission of police report under Section 173 (2) Cr.P.C., subject to the restraint that the petitioner shall co-operate with the investigation and shall appear as and when called upon to assist in the investigation.
With the above direction, this petition is finally disposed of.
Order Date :- 26.4.2019 Shahnawaz