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Allahabad High Court · body

2015 DIGILAW 2738 (ALL)

Lajja Ram v. State of U. P.

2015-09-03

MANOJ MISRA

body2015
JUDGMENT Manoj Misra, J. Heard Sri Lajja Ram in person, Sri S.C. Pandey for opposite part nos. 2 and 3; learned AGA for the State and perused the record. 2. The instant application has been filed for quashing of the charge sheet dated 16.07.2014 in Case Crime No. 124 of 2014, under Sections 135/ 138 Electricity Act, Police Station Ganj Dundwara, District Kasganj. The applicant has also prayed for quashing of the recovery proceeding and the warrant issued by Chief Judicial Magistrate, Kasganj with the prayer to direct the Electricity Department to install the electric meter to workout the average consumption of three months and thereafter ascertain the amount payable by the applicant. 3. So far as the prayer to quash the recovery proceeding and for a direction to install the electric meter is concerned, it can not be considered on an application under Section 482 Cr.P.C. for which the applicant may seek appropriate legal remedy. In respect to the prayer for quashing of the charge sheet dated 16.07.2014, I have examined the record. The allegation against the applicant is that the applicant despite disconnection of his electricity for non-payment of electric dues had unauthorizedly reconnected the same and was extracting electricity. The charge sheet was filed after finding support to the allegation from the material collected during investigation. The charge sheet discloses that there are nine witnesses in support of the prosecution case. 4. The applicant in person has submitted that there was no proper disconnection and therefore, the allegation of reconnection is incorrect and false. Various other factual pleas have been raised which cannot be considered at this stage. 5. The counsel for electricity department has invited attention of the Court to page no. 34 of the application, where document has been appended indicating that a team of the electricity department had disconnected the electricity connection of one Lajja Ram son of Ram Swaroop having his address Mohalla Dhanpal with electricity connection No. 3216/069733 of 1 Kilowatt load on arrears of Rs.8909/-. 6. On the basis of the aforesaid document, the counsel for the electricity department submitted that it is therefore incorrect on the part of the applicant to state that he had no previous disconnection of electricity connection. It appears from the record that the applicant is aggrieved by the demand of the dues. 7. 6. On the basis of the aforesaid document, the counsel for the electricity department submitted that it is therefore incorrect on the part of the applicant to state that he had no previous disconnection of electricity connection. It appears from the record that the applicant is aggrieved by the demand of the dues. 7. Having perused the record and after consideration of the submission of the parties, this Court finds that so far as the prayer for quashing of the charge sheet dated 16.07.2014 is concerned that can not be accepted, because the allegations do make out a prima facie case disclosing commission of an offence by the applicant. With regards to his dispute with the Electricity Department regarding non-payment of electric dues, the applicant may seek appropriate legal remedy. Subject to above, this application is dismissed.