Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 20447 of 2018 Petitioner :- Santosh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nabi Ullah Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Nabi Ullah, learned counsel for the petitioner, Ms. Maimoona Fatima, holding brief of Sri Mehboob Ahmad, learned counsel for the Electricity Department, learned A.G.A. for the State and perused the impugned F.I.R. as well as material brought on record.
This petition has been filed by the petitioner with a prayer to quash the F.I.R. dated 23.02.2018 registered as case crime no.0033 of 2018 u/s.135 Indian Electricity (Amendment) Act, PS. Mirjamurad, District Varanasi.
Learned counsel for the petitioner submits that though the petitioner was given electricity connection by the Department but no metre was installed by them despite repeated requests. The said fact is mentioned in paragraph 8 of the writ petition.
Learned A.G.A. opposed the prayer for quashing.
Considering the submissions advanced by learned counsel for the parties and the nature of allegations, it is directed that the petitioner shall not be arrested in the above mentioned case till submission of police report under section 173(2) Cr.P.C. but he shall co-operate with the investigation of the case.
With the above direction this petition is finally disposed of.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 30.7.2018 Madhurima