Court No. - 81
Case :- APPLICATION U/S 482 No. - 14961 of 2021 Applicant :- Mohd. Ishteyaq And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Mohd Irteqa Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
Heard Mohd Irteqa, learned counsel for the applicants, Sri Narendra Kumar Tiwari, learned counsel for the Electricity Department/Power Corporation as well as Sri Indrajeet Yadav, learned A.G.A. for the State and perused the record.
The instant application has been filed by the applicants with a prayer to quash the entire proceedings of Criminal Case No. 256 of 2021 (State Vs. Mohd. Ishteyaq & Ors.;), pending in the Court of learned Judicial Magistrate, Allahabad and to quash the impugned cognizance order dated 05.02.2021 as well as quash the impugned charge sheet dated 11.06.2020 under Sections 332, 353, 504, 506 I.P.C., Police Station-Kareli, District-Prayagraj.
Learned counsel for the applicants submits that the entire prosecution story built up by the opposite party no. 2 is false and fabricated. In the F.I.R., nothing has been stated therein for what purpose, the opposite party no. 2 along with his team came to the house of the applicants and checked the meter whereas meter was installed outside the boundary wall of the house. He further submits that as per the F.I.R. version, on the date of incident i.e. 19.05.2020 at 3:18 p.m., when the applicants and his entire family members after lunch were taking rest, the opposite party no. 2 alongwith his team forcibly entered in the house of the applicants and demanding illegal gratification from them. When the applicants refused their illegal demand then they started abusing and humiliated them as well as threatened them that they will implicate them in a false case and thereafter, the false, fabricated and concocted F.I.R. was lodged against them. Learned counsel for the applicants further submits that from the perusal of that F.I.R., nothing has come out as to for what purpose they came to the house of the applicants nor there is any allegation of tampering with the meter nor any allegation regarding consumption of extra load or theft of electricity. As per the version of the F.I.R., it is only mentioned therein that the opposite party no. 2 along with his team came for checking the meter but how it is possible that four persons came for checking the meter whereas it is the duty of the meter reader who take the reading of the meter and if there is any fault found for tampering with the meter or consumption of extra load or theft of electricity, then the meter reader should inform the team members of the electricity department in this regard.
Learned counsel for the applicants further argued that the applicant no. 1 is an old person having aged about 69 years living in E.W.S. house constructed and allotted by Uttar Pradesh Avas Vikas Parishad, Allahabad and the sanction load of the applicants is 2 kW only for which only some fans and bulbs can be used. The Investigating Officer also without considering the aforesaid fact as well as the fact that there is no complaint made by the electricity department regarding tampering with meter, theft of electricity or any other misuse of the electricity, submitted charge sheet in a mechanical manner and thereafter, the learned Magistrate also without application of mind and in a routine manner took cognizance on the body of the charge sheet which is also illegal in view of the several orders passed by this Court and the latest order passed by this Court on 9.8.2021 in Application U/S 482 No. - 11334 of 2021 (Pankaj Jaiswal Vs. State of U.P. & Anr.;) and the present case may also be decided on the same terms and conditions.
Per contra, learned A.G.A. opposed the argument made by learned counsel for the applicants but does not dispute this fact that the present case may also be decided in terms of the order passed by this Court dated 9.8.2021 in Application U/S 482 No. - 11334 of 2021 (Pankaj Jaiswal Vs. State of U.P. & Anr.;).
In view of the submission made by learned counsel for the parties and after perusal of record, this application is being finally allowed in terms of order dated 9.8.2021 passed in Application U/S 482 No. - 11334 of 2021 (Pankaj Jaiswal Vs. State of U.P. & Anr.;).
Accordingly, present Criminal Misc. Application U/S 482 Cr.P.C succeeds and is allowed. The impugned cognizance order 05.02.2021 passed by learned Judicial Magistrate, Allahabad as well as all consequential proceedings arising therefrom are hereby quashed in Criminal Case No. 256 of 2021 (State Vs. Mohd. Ishteyaq & Ors.;) arising out of Case Crime No. 0188 of 2020, under Sections 332, 353, 504, 506 I.P.C., Police Station-Kareli, District-Prayagraj and the matter is remitted back to learned Judicial Magistrate, Allahabad, with a direction to decide afresh the issue for taking cognizance and summoning the applicants and pass appropriate orders in accordance with law keeping in view the observations made by this Court as well as the direction contained in the judgments and order referred to above within a period of two months from the date of production of a copy of this order.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 22.9.2021 SA