Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 25685 of 2019 Petitioner :- Yusuf Saifi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Awadhesh Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 15.10.2019 registered as Case Crime No.219 of 2019, under Section 135-1(a) of U.P. Electricity Act, P.S. Anti Power Theft Ghaziabad, District Ghaziabad.
The allegation made in the impugned first information report is to the effect that in a drive by the department to check theft of electricity, the petitioner was found illegally abstracting electricity of which a videography was also done.
The contention of the learned counsel for the petitioner is that the allegations are false and in fact the premises as regards which illegal abstraction of electricity is alleged does not belong to the petitioner.
Be that as it may, as the defence of an accused is not to be considered at this stage, on the grounds taken, the first information report which discloses commission of cognizable offence cannot be quashed.
The petition is dismissed without prejudice to the right of the petitioner to apply for bail or anticipatory bail or compounding, as may be advised.
Order Date :- 20.12.2019 AKShukla/-