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Rajat Varma vs State of Uttarakhand and Prem Prakash, Junior Engineer Landhora Electricity Distribution Division

Uttarakhand High Court · Decided on 22 September 2011 · Citation: (2011) 09 UK CK 0130

HON’BLE JUDGES
Prafulla C. Pant, J
RESULT
Dismissed
CASE NUMBER
Criminal Writ Petition No. 832 of 2011

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Not yet generated for this judgment

Judgment

4 paragraphs · 218 words

Prafulla C. Pant, J.—Heard.

2.

By means of this writ petition moved under Article 226 of Constitution of India, the Petitioner has sought quashing of the First Information Report registered as crime No. 47/257 of 2011, relating to offence punishable u/s 135 Electricity Act, Police Station Kotwali Manglore, District Haridwar.

3.

A team of officers of Uttarakhand Power Corporation, on inspection said to have found the Petitioner taking electricity illegally by using a unauthorized cable connected with the transmission line, thereby theft of electricity was being committed. Plea of innocence has been pleaded in the writ petition. It is also mentioned that there is no public witness of the inspection made by Power Corporation team. It is also pleaded that Junior Engineer had no power to lodge the FIR. However, no provision of law is shown to substantiate the same.

4.

Having considered submissions of learned Counsel for the Petitioner, and learned Counsel for the State, and after going through the papers on record, this Court is not inclined to interfere with the investigation of case. Therefore, this writ petition is dismissed summarily with the observation that if the Petitioner Rajat Varma surrenders before the court concerned his bail application shall be heard and disposed of without unreasonable delay. (Stay application No. 10035 of 2011, stands disposed of).