- (1.) Heard Shri Pramod Bhardwaj, learned counsel for the petitioner and learned Additional Government Advocate for the State.
(2.) By means of this writ petition, the petitioner has challenged the First Information Report dated 10.11.2011 lodged by respondent No. 3 against him, which has been registered as Case Crime No. 209 of 2011, under Section 135 of the Electricity Act, 2003, Police Station Bisrikh, District Gautam Budh Nagar.
(3.) We have perused the impugned First Information Report as well as the material on record. It has been contended by the learned counsel for the petitioner that respondent No. 3, who is Assistant Engineer, Noida Power Company Limited, is not the competent authority to lodge the First Information Report against the petitioner, as the respondent-Power Corporation is licensee and his licence was granted under Section 14 of the Electricity Act, 2003 and respondent Nos. 3 and 4 come under, the ambit of Electricity Act, 2003 and U.P. Electricity Supply Code, 2005, hence, State under Article 12 of the Constitution of India. An averment to this contention has been stated in para 15 of the petition.;