Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 10969 of 2019 Petitioner :- Manoj Kumar Sahu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ranjit Saxena Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the petitioner; learned A.G.A. for the State-respondent nos. 1 & 2, Sri V.K. Srivastava, learned counsel for respondent nos. 2 & 4 and perused the record.
The instant petition seeks quashing of the FIR dated 11.01.2019 registered as Case Crime No. 0011 of 2019, under Section 135 of the Electricity Act, 2003, Police Station Kotwali, District Azamgarh.
The allegation in the impugned F.I.R. is that petitioner was using a shunt in meter for abstraction of electricity and thereby had committed an offence.
The contention of the learned counsel for the petitioner is that there is no indication in the F.I.R. that the seal of the meter was broken or that the meter was tampered and as to how the shunt was placed inside the meter.
Learned counsel for the respondent nos. 2 & 4 has submitted that a shunt is used for creating a resistance in the meter so that proper reading of electrical consumption is not recorded. He has further submitted that in such cases, normally the meter is sent for examination and after obtaining report, the proceedings are drawn.
Be that as it may, as it has not been clearly disclosed in the F.I.R. whether the seal of the meter is tampered or not, we deem it appropriate to dispose off this petition by observing that investigation shall continue and be brought to its logical conclusion, but, subject to petitioner's co-operation in the investigation, the petitioner shall not be arrested till submission of police report under Section 173 (2) Cr.P.C. in the aforesaid case.
Order Date :- 26.4.2019 Vibha Singh