Mohd. Tipu vs State Of U.P. Thru. Secy. Home ...
2017 Latest Caselaw 2223 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 9
 

 
Case :- MISC. BENCH No. - 15053 of 2017
 

 
Petitioner :- Mohd. Tipu
 
Respondent :- State Of U.P. Thru. Secy. Home Civil Sectt. U.P. Lko. & Ors.
 
Counsel for Petitioner :- Rakesh Kumar,Kapil Dev Srivastava
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Mrs. Rekha Dikshit,J.

Heard Sri Kapil Dev Srivastava, learned counsel for the petitioner and Sri R.K.Dwivedi, learned AGA for the State. and perused the Impugned F.I.R. as well as material brought on record.

This petition has been filed with the prayer to quash the F.I.R. dated 25.6.2017 registered as case crime no.184 of 2017, under sections 353, 504 IPC and read with 138 Indian Electricity Act, 2003, P.S. Naka, District Lucknow.

Learned counsel for the petitioner submits that he has served a copy of the petition alongiwth the stay application to the learned counsel for  respondent no.4- Power Corporation.The matter relates to the payment of electricity bill on account of which dispute arose between the parties. It is next contended that the petitioner has been falsely implicated in this case and he has committed no offence.

Learned AGA for the State opposed the prayer for quashing of the FIR but could not dispute the aforesaid fact as argued by the learned counsel for the petitioner.

Considering the submissions advanced by learned counsel for the parties and nature of allegation, it is directed that the petitioner shall not be arrested in the above mentioned case, till the submission of the police report under section 173(2) Cr.P.C. but shall cooperate with the investigation of the case.

With the above direction this petition is finally disposed of.

(Rekha Dikshit,J.)   (Ramesh Sinha,J.)

Order Date :- 11.7.2017

IA