Court No. - 53
Case :- APPLICATION U/S 482 No. - 14608 of 2018 Applicant :- Mobeen Ahmad Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Abdul Khalik Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Abdul Khalik, learned counsel for the applicant and Sri Shrawan Kumar Tripathi, Advocate who has put in appearance on behalf of opposite party no.2 representing Power Distribution Corporation.
This application has been filed under Section 482 Cr.P.C. seeking to quash/set aside the cognizance order dated 29.01.2018 and charge sheet no.24 of 2018 dated 09.01.2018 in Case Crime No.1603 of 2017, under Section 135 Electricity Act, 203, PS Kotwali Nagar Etah, District Etah (State Vs. Mobeen Ahmad), Case No.329 of 2018 pending in the Court of Special Judge (EC Act), Etah.
The submission of the learned counsel for the applicant is that the FIR has been lodged mala fide in order to defeat the judgment of the district Consumer Forum, Etah in Complaint No.09 of 2012 where the Power Corporation were ordered not to recover any electricity bill due after 31.03.2009 and were held only entitled to recover a sum of Rs.4,043/- after deducting a sum of Rs.1,000/- already deposited and nothing else.
Sri Shrawan Kumar Tripathi, learned counsel on the other hand points out that the present FIR does not relate to any billing charges but are concerned with an act of theft of electricity committed by the applicant by illegally connecting his premises where the consumer connection had been disconnected which also appears to be corroborated by the order of Consumer Forum that restricted the bill only to the period until time when the connection was in operation.
The prayer seeking to quash the prosecution is, therefore, not at all tenable. No case for quashing the proceedings is made out.
This application fails and is dismissed in limine.
Order Date :- 27.4.2018 Shahroz