Hon'ble Arvind Kumar Tripathi, J. - (1.) THIS Criminal Misc. Application under section 482 Cr.P.C. has been filed for quashing of the proceeding of Case No. 156 of 2011 (State vs. Satyaveer and others) under sections 332, 353 I.P.C. PS. Iglas, District Aligarh. Heard Learned Counsel for the applicants, learned A.G.A. and perused the record.
(2.) LEARNED Counsel for the applicants submitted that there is valid connection. On the basis of false allegation the First Information Report was lodged. Neither the applicants were consuming the electricity directly by Katia nor official of the electricity department were assaulted. However, on the basis of the false allegation the First Information Report was lodged. Whatever amount was due and notice was issued, the same amount has been deposited on behalf of the applicant, even the charge sheet has been submitted, hence the prayer is to quash the charge sheet as well as the proceeding of Case No. 156 of 2011 arising out of Case Crime No. 736/10 under sections 332, 353, 392 I.P.C. and section 135 Electricity Act, PS. Iglas, District Aligarh. Learned A.G.A. opposed the aforesaid prayer and submitted that there was obstruction in the discharge of the official duty of electricity department. There is injury report, hence in view of the proceeding it cannot be said that no offence is made out against the applicants.
(3.) CONSIDERING the submission of the parties, nature of the allegation at this stage it cannot be said that prima facie commission of offence is not made against the applicants.;