This application u/s 482 Cr.P.C. has been filed for quashing the charge sheet and also the entire proceedings of Criminal Case No. 674 of 2009, arising out of Case Crime No. 169/09 u/s 138 Electricity Act, pending in the court of Special Judge, Electricty Act, Aligarh.
Heard Mrs. Mandvi Tripathi, holding brief of Mr. Santosh Tripathi, learned counsel for the applicant, Mr. V. P. Pandey holding brief of Mr. H. P. Dubey, learned counsel for U.P. Power Corporation and perused the record.
It has been argued by Mrs. Tripathi that out of the three persons, who were challaned, one was not alive at the time of occurrence, which itself shows that everything was manipulated by the officials of the Electricity department.
May that be true as Mrs. Tripathi says but that cannot be a ground for quashing the charge sheet against the applicant. There is sufficient evidence against the applicant to substantiate the charge sheet and therefore, it is not a fit case for quashing the proceedings of the criminal case.
Accordingly, the application is rejected.
However, it is expected that the court concerned shall decide the bail application as per law laid down in Lal Kamlendra Pratap Singh Vs. State of U.P. and others, 2009(2) Crimes 4 SC.
Order Date :- 25.1.2010 Pcl