High CourtsSingle Bench(2011) 08 UK CK 0185

Farrukh, Nazaqat Ansari and Riyasat vs State of Uttarakhand

Uttarakhand High Court · Decided on 30 August 2011

HON’BLE JUDGES
Prafulla C. Pant, J
RESULT
Dismissed
CASE NUMBER
Criminal Writ Petition No. 745 of 2011

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Judgment

5 paragraphs · 218 words

Prafulla C. Pant, J.—Heard.

2.

By means of this writ petition moved under Article 226 of Constitution of India, the Petitioners have sought quashing of the First Information Report dated 14.07.2011, relating to offences punishable u/s 135 of Electricity Act, 2003 at Police Station Khanpur, District-Hardwar (Crime No. 48 of 2011 and 54 of 2011).

3.

The offence pertains to the theft of electricity, which is reported by the Officer of Power Corporation with the Police.

4.

Learned Counsel for the Petitioners submitted that offence is compoundable u/s 152 of Electricity Act, 2003, and the Petitioners have deposited the necessary charges.

5.

Considering the above facts and circumstances of the case, and after hearing the parties and having gone through the contents of First Information Report, this Court is not inclined to interfere with the investigation of the case. Accordingly, the writ petition is dismissed with the observation that if the Petitioners namely, Farrukh, Nazaqat and Riyasat surrender before the court concerned, their bail application shall be heard and disposed of without unreasonable delay. It is further observed that if the offence is compounded with the authority concerned, the Investigating Officer may get verified the fact from the authority concerned and submit his report of conclusion of the investigation (Stay application No. 8981 of 2011, stands disposed of).