Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 24361 of 2019 Petitioner :- Suresh Chandra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arun Kumar Sharma Counsel for Respondent :- G.A.
Hon'ble B. Amit Sthalekar,J. Hon'ble Ali Zamin,J.
Heard Sri Arun Kumar Sharma, learned counsel for the petitioner, Sri Gauri Shankar Yadav, learned counsel for the respondent no.4 and the learned A.G.A. for the State.
The present writ petition has been filed by the petitioner seeking quashing of the FIR dated 27.08.2019 registered as Case Crime No. 0160 of 2019, under Section 135 of the Electricity Act, Police Station Barnahal, District Mainpuri with a further prayer, not to arrest the petitioner in pursuance of the first information report.
The submission of the learned counsel for the petitioner is that the petitioner is an old person aged about 70 years who runs a flour mill and has a commercial connection of 6 K.V. for it and also regularly pays the electricity bills. It is contended that the checking team of the electricity department entered the premises of the petitioner illegally in the night alleging theft of electricity, however, no cable was recovered by the team which fact has been mentioned in the FIR also. Hence the FIR deserves to be quashed.
Per contra learned A.G.A contended that the allegations made in the first information report cannot be aborted at this stage.
The Full Bench of this Court in Ajit Singh @ Muraha Vs. State of U.P., 2006 (56)ACC 433 reiterated the view taken by the earlier Full Bench in Satya Pal Vs. State of U.P., 2000 Cr.L.J. 569, after considering the various decisions including State of Haryana Vs. Bhajan Lal, AIR 1992 SC 604 that there can be no interference with the investigation or order staying arrest unless cognizable offence is not ex-facie discernible from the allegations contained in the FIR or there is any statutory restriction operating on the power of the police to investigate a case.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out. Hence no ground exists for quashing of the FIR or staying the arrest of the petitioners.
The writ petition is accordingly dismissed.
However, it is provided that if the petitioner appears or surrenders before the Court concerned within thirty days from today and apply for bail in the aforesaid case, his prayer for bail shall be considered by the court below expeditiously, in accordance with law.
Order Date :- 29.11.2019 Kirti