Ashok Kumar Chaudhary & Another vs State Of U.P. & Others
2011 Latest Caselaw 2296 ALL

Citation : 2011 Latest Caselaw 2296 ALL
Judgement Date : 10 June, 2011

Allahabad High Court

Ashok Kumar Chaudhary & Another vs State Of U.P. & Others on 10 June, 2011

Bench: Arun Tandon, Yogesh Chandra Gupta




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 10828 of 2011
 

 
Petitioner :- Ashok Kumar Chaudhary & Another
 
Respondent :- State Of U.P. & Others
 
Petitioner Counsel :- Praveen Kumar Srivastava
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Arun Tandon,J.

Hon'ble Yogesh Chandra Gupta,J.

Notice on behalf of respondent Nos. 1 and 2 has been accepted by learned AGA.

Issue notice to the respondent No.3, fixing 26th July, 2011.

It is contended on behalf of the petitioners that the complainant, respondent No.3, is a defaulter to the tune of Rs.2,17,369/- and further that she was involved in theft of electricity. An F.I.R. was lodged by the Officials of the U.P. Power Corporation being Case Crime No.589 of 2011, under Sections 147, 186, 332, 353 I.P.C. and Section 135 of the Electricity Act against the son of respondent No.3 and 15 unknown persons on 5.4.2011. As a counterblast, the respondent No.3, who is a Corporator, lodged the impugned F.I.R. against the petitioners, who are Officers of the Power Corporation, under Section 3(10) of S.C./S.T. Act. In view of the facts of the case, it is contended that the F.I.R. is wholly malafide and even otherwise abuse of the process and the matter needs inquiry by this Court.

Till the next date of listing, no coercive action shall be taken against the petitioners, namely, Ashok Kumar Chaudhary and Krishna Mohan Singh in terms of the FIR, however, the investigation may go on.

Order Date :- 10.6.2011