Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 24137 of 2019 Petitioner :- Madhu Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Subedar Mishra Counsel for Respondent :- G.A.,Krishna Agarawal
Hon'ble Manoj Misra,J. Hon'ble Virendra Kumar Srivastava,J.
Heard learned counsel for the petitioner; learned AGA for respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 19th July, 2019 registered as Case Crime No.1145 of 2019, under Section 135 of Indian Electricity Act (Amendment), 2003 at Police Station Sihani Gate, District Ghaziabad.
The allegation made in the impugned first information report discloses that in a surprise inspection by a raiding team, the petitioner was found directly abstracting electricity without a meter.
The contention of learned counsel for the petitioner is that there had been electricity connection granted to the petitioner against which dues were not paid and therefore disconnection notice was issued. Hence, the allegation that the petitioner was directly abstracting electricity is not correct.
The aforesaid contention is purely factual in nature. Since it is alleged that there was direct abstraction of electricity, the allegation discloses commission of cognizable offence, hence the prayer of the petitioner to quash the first information report cannot be accepted.
In view of the above, the petition is dismissed without prejudice to the right of the petitioners to apply for bail/anticipatory bail or compounding the charges as may be advised.
Order Date :- 26.11.2019. Rks.