AMITAVA LALA, J. - (1.) ALL the aforesaid writ petitions are Identically placed and analogously heard, therefore, connected for the purpose of disposal by this solitary judgment, which will govern all the matters.
(2.) IN the prime writ petition vires of Rule 12 of the Electricity Rules, 2005 (hereinafter called as the Rules) is under challenge. But the basic prayers in all the writ petitions are to quash the First Information Report (hereinafter called as F.I.R.) and not to arrest the petitioners on account of alleged theft of electricity. The contention of the petitioners is that the police has no power to arrest them without any cognizance to be taken up by the appropriate court under Section 151 of the Electricity Act, 2003 (hereinafter referred to as the Act). According to us, these are rarest of the rare cases where the Court is genuinely called upon to interfere with the cause of arrest. Since the vires of the Central Rules under the Act is challenged, the Court was pleased to issue notice upon the learned Attorney General of India when, in turn, Dr. Ashok Nigam, Addl. Solicitor General for this High Court was deputed on his behalf and on behalf of Central Government to make submissions. We have carefully considered the arguments advanced by the respective counsel on behalf of all the parties including Union of India, State and Uttar Pradesh Power Corporation (hereinafter referred as the Corporation).
(3.) BEFORE going into the controversial Rule 12 of the Rules we have to go through the Act at first.;