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Allahabad High Court · body

2015 DIGILAW 1849 (ALL)

Mohd. Siraj Malik v. State of U. P.

2015-07-10

A.P.SAHI, PRAMOD KUMAR SRIVASTAVA

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JUDGMENT Heard Sri T.A. Khan, learned counsel for the petitioners and the learned A.G.A. 2. The following order was passed on 24.4.2015 : - "The relief sought in this petition is for quashing of the F.I.R. dated 11.04.2015 and staying the arrest registered as Case Crime No. 159 of 2015 under Section 135 of Electricity Act, registered at P.S. Nakhasa, District Sambhal. Heard Sri T.A. Khan, learned counsel for the petitioners, learned A.G.A. appearing for the State and Sri Pranjal Mehrotra, appearing for respondent no. 4. Perused the record. The backdrop of the case is that father of the petitioners Yaseen Ahmad, R/O Village-Bada Tajuddin, Police Station-Nakhasa, District-Sambhal is 50% physically challenged person. He had constructed a double story house in which on the ground floor he is operating a Aata Chakki and oil speller with electricity connection of 7.5 Horse Power duly approved by the Deputy General Manager, Moradabad. The contention of learned counsel for the petitioners is that though the petitioners are continuously paying the electricity dues regularly and their meter was checked on 24.03.2014 wherein every thing was found in correct position, yet in the night of 10/11.04.2015, the respondents jumped the boundariwall of the house from the backside and entered in the premises of the petitioners. On the alarm being raised by the chaukidar, the neighbours came for help. The alleged investigating team led by respondent no. 4 also beaten the family members of the petitioner and the chaukidar. The injury report of the incident is appended as Annexure-6 to the writ petition. Thereafter, the said investigating team went away when large number of persons collected there and lodged FIR on which two criminal cases being Case Crime No. 159 of 2015 under section 135 of Electricity Act and Case Crime No. 160 of 2015 under Sections 353/323/307 IPC were registered at P.S. Nakhasa, District- Sambhal. He further contends that respondent no. 4 had entered in the premises of the petitioners by jumping the backside boundariwall of the house and either without disclosing his identity or without earlier permission for checking though the meter was checked on 24.3.2014, he acted as stated above by his investigating team. It is only when the petitioners received injury, an FIR was lodged by respondent no. 4 with malafide intention as a counter blast in order to save him from his illegal act. It is only when the petitioners received injury, an FIR was lodged by respondent no. 4 with malafide intention as a counter blast in order to save him from his illegal act. In the circumstances, let a counter affidavit be filed by respondent no. 4 within three weeks. List the case on 20.05.2015. Till the next date of listing, the petitioners shall not be arrested in Case Crime No. 159 of 2015 under Section 135 of Electricity Act, registered at P.S. Nakhasa, District Sambhal. In case, counter affidavit is not filed within the time aforesaid, Shri Prithivi Raj Chauhan, Inspector Pravartan Dal, Moradabad/respondent no. 4 shall be personally present before the Court on 20.05.2015." 3. Learned A.G.A. contends that on a perusal of the FIR it cannot be said at this stage that no offence is made out as alleged therein. 4. We agree with the contention of the learned A.G.A., but at the same time we also find that there are certain allegations which have been made which may require a proper investigation and submission of a police report. In such circumstances, we dispose of this writ petition with a direction that the petitioners shall neither be arrested nor subjected to any coercive steps till submission of police report under Section 173(2) Cr.P.C. in Case Crime No.159 of 2015, under Section 135 of Electricity Act, Police Station Nakhasa, District Sambhal Disposed of with the aforesaid directions.