Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 4554 of 2019 Petitioner :- Shamshul Huda Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Samir Srivastava,Azhar Hussain Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner, learned A.G.A for respondents no. 1, 2 and 3, Sri Mahboob Ahmad for respondent no. 4 and perused the record.
The instant petition seeks quashing of the first information report dated 21.12.2018 lodged by respondent no. 4 as Case Crime No. 683 of 2018 P.S Kareli, District Prayagraj under Section 135 of Indian Electricity (Amendment) Act, 2003.
The allegation made in the first information report is that the petitioner was abstracting electricity with the aid of cable (katiya). The cable has also been recovered.
As the allegations made in the first information report discloses commission of cognizable offence no case for quashing the first information report is made out.
The petition is dismissed.
However, the petitioner is at liberty to apply for compounding if so advised and if permissible in law.
Order Date :- 21.2.2019 Nadeem Ahmad (Vivek Varma,J.) (Manoj Misra,J.)