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Suresh Singh vs State of U.P. and Others

Allahabad High Court · Decided on 22 March 2013 · Citation: (2013) 03 AHC CK 0188

HON’BLE JUDGES
Ravindra Singh, J and Anil Kumar Agarwal, J
RESULT
Disposed Of
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Judgment

6 paragraphs · 172 words

Anil Kumar Agarwal,J.

Heard the learned counsel for the petitioner and the learned A.G.A.

This petition has been filed by the petitioner Suresh Singh with a prayer to quash the F.I.R. in case crime no. 170 of 2013 under section 135 of Electricity Act 2003( Electricity Amendment Act 2007), P.S. Naubasta district Kanpur Nagar.

From the perusal of the impugned F.I.R. it appears that on the basis of the allegations made therein a prima facie cognizable offence is made out. There is no ground for interference in the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.

However, considering the nature of the allegations made in the F.I.R., the provisions of section 157 Cr.P.C. and the view taken by the Apex Court in the case of Joginder Kumar Versus State of U.P. 1994 Cr.L.J.,1981, it is directed that the petitioner shall not be arrested in above mentioned case, till the credible evidence is not collected by the I.O. during investigation.

With the above direction this petition is finally disposed of.