Hon'ble Vedpal,J.
Heard learned counsel for the petitioner, Sri Amarjeet Singh Rakhra, learned counsel appearing for opposite party no. 3 and learned Additional Government Advocate.
Under challenge in this petition is FIR relating to case crime no 237 of 2010 under Section 135 (1) (e) of the Electricity Act of police station Aliganj, district Lucknow.
As it comes out electricity connection which was given to the petitioner for the purpose of residential use was being used by him for commercial purpose.
Argument raised by learned counsel for the petitioner is that the petitioner ought to have been afforded an opportunity as provided under Section 126 of the Electricity Act before lodging of the FIR which is a pre-requisite condition for lodging FIR for alleged contravention of section 135 (1) (e) of the Electricity Act.
As to whether the provisions of Section 126 of the Electricity Act are a pre- requisite mandatory condition to be complied with before lodging FIR under Section 135 (1) (e) of the Act is matter of arguments which shall be gone into at the final hearing of the petition. But, at the same time, it cannot be ignored that FIR against the petitioner has been lodged at the very first instance when the meter of the petitioner was being checked without affording him any opportunity.
Let counter affidavit be filed by opposite parties within six weeks. Two weeks thereafter are granted to the petitioner to file rejoinder affidavit, if any.
Till the next date of listing or till submission of report under Section 173 Cr.P.C., whichever is earlier, the petitioner shall not be arrested in the aforesaid case crime number subject to his cooperation in the investigation, which shall go on.
Order Date :- 23.6.2010 anb