MOBIN AHAMAD Vs. STATE OF U P
LAWS(ALL)-2015-2-8
HIGH COURT OF ALLAHABAD
Decided on February 04,2015

Mobin Ahamad Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

- (1.) HEARD learned counsel for the petitioner, learned AGA for the respondent no. 1 and 2 as well as Sri Mehboob Ahmad, Advocate.
(2.) PETITIONER has approached this Court with a request to quash the FIR dated 13.01.2015 registered as Case Crime No. 33 of 2014 under Section 135 of the Electricity Act 2003 at police station Mughalsarai, district Chandauli.
(3.) THIS Court has the occasion to peruse the FIR and the FIR in question does discloses a cognizable offence, in view of this, there is no occasion for this Court to quash the FIR, as has been prayed on behalf of petitioner, as such, prayer made on the said score is refused by this Court. Learned counsel for the petitioner contended that the offence in question, as has been alleged to have been committed by the petitioner, is under Section 135 of the Electricity Act 2003 and for the same, even if the charges are found to be proved sentence of more than 7 years cannot be awarded and, in view of this, mechanically arrest should not be effectuated by the police personnel. Learned counsel for the petitioner next contended that the offence in question, as has been alleged to have been committed by the petitioner, is compoundable also.;


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