Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 25752 of 2019
Petitioner :- Lakhandar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raj Narayan Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the petitioner, the learned A.G.A. for the State and Sri Gauri Shankar Yadav, learned counsel appeared for power corporation.
The present writ petition has been filed by the petitioner seeking quashing of the FIR dated 09.04.2019 registered as Case Crime No.310 of 2018, under Section 138 (1) (b) Electricity Act with a further prayer, not to arrest the petitioner in pursuance of the first information report.
As per allegations made in the F.I.R., on 13.08.2018 at about 15.00 P.M., the complainant alongwith S.D.O. and other officials checked the electricity connection in the area of Mangrau Gurjar (Badi Party) and found that some persons, whose electricity bills were due; their connections were disconnected; have illegally connected their electric wire with L.T. Line, hence, the impugned F.I.R.
Submission of the learned counsel for the petitioner is that the first information report has been lodged by the complainant containing absolutely false and concocted allegations against the petitioners. It is admitted fact that there was electricity dues upon the petitioner and the electricity connection has been disconnected by the official concerned. It is further submitted that the petitioner neither connected the electric wire from L.T. Line nor committed theft of electricity, hence, the impugned FIR deserves to 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 petitioner 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 petitioner.
The writ petition is, accordingly, dismissed.
However, it is provided that if the petitioner appears or surrender before the Court concerned within thirty days from today and applies for bail in the aforesaid case, his prayer for bail shall be considered by the court below expeditiously, in accordance with law.
Order Date :- 18.12.2019 Ajeet