Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 23087 of 2018 Petitioner :- Kalba @ Mursaleen @ Ayoob Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nipun Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sumit Singh, holding brief of Sri Nipun Singh, learned counsel for the petitioner, Sri Gauri Shanker Yadav,, learned counsel for Power Corporation,respondent no.3, Sri N.K. Verma, learned A.G.A. appearing for the State and perused the record.
The relief sought in this petition is for quashing of the F.I.R. dated 17.2.2018, registered as case crime No.84 of 2018, under Section 138(1) Indian Electricity Act (Amendment) 2003, Police Station-Kithaur, District Meerut.
It is submitted by learned counsel for the petitioner that there is some dispute between the petitioner and the Electricity Department with respect to electricity settlement dues for which the present proceeding has been filed by the Electricity Department for a malicious prosecution. The petitioner undertakes to clear all the electricity dues of the disputed bills.
Learned counsel for the respondent no.3 as well as learned AGA opposed the prayer for quashing of the FIR.
Considering the facts and circumstances of the case, we dispose of the petition with the direction that the petitioner shall file and pursue their representation for settling the disputed bills before the concerned authority, who shall also decide the matter within one month from the date of production of certified copy of this order in accordance with law.
For period of one month or till the submission of police report under Section 173(2) Cr.P.C. whichever is earlier, the petitioner shall not be arrested in the aforesaid case.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 24.8.2018 NS