Court No. - 21
Case :- CRIMINAL MISC. WRIT PETITION No. - 3471 of 2021 Petitioner :- Smt. Shiv Kumari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kuldeep Kumar Counsel for Respondent :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajit Singh,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
This petition has been filed with a prayer to quash the F.I.R. dated 2.1.2021 in Case Crime No. 17 of 2021 under Section 135-1(a) of Indian Electricity Act (Amendment) 2003, Police Station Anti Power Theft, District Gautam Budh Nagar.
Factual Data goes to show that the petitioner has already applied and had deposited the amount for enhancement of electricity power connection from 2 kw to 10 kw. There is specific allegation that due to certain extraneous considerations even after deposit of the money, no formal orders were passed for enhancement of electricity power but this F.I.R. is lodged.
The F.I.R. is not being quashed at this stage but, prima facie, it cannot be said that there is theft of electricity when petitioner was under a bona fide belief that her application is deemed to be allowed as per the provision of Electricity Act, 2003.
The offence is punishable with maximum punishment of three years. The investigation shall go on. The police shall follow the provisions under Section 41 of Cr.P.C. This indulgence is shown during this pandemic looking to the fact that the petitioner is lady and there is proof of paying the amount for enhancement of electricity power connection.
With the aforesaid observations, this petition is disposed of.
Order Date :- 10.5.2021 Ram Murti Digitally signed by Justice Kaushal Jayendra Thaker Date: 2021.05.11 17:41:31 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Ajit Singh Date: 2021.05.11 17:42:39 IST Reason: Document Owner Location: High Court of Judicature at Allahabad