( 1 ) THE petitioner M/s. Jhansi Concrete Products, Jhansi along with its partners has moved this petition under Art. 226 of the Constitution for quashing the investigation pursuant, to the first information report giving rise to Crime No. 245 of 1988 under Ss. 30/40/44 of the Electricity Act, P. S. Jhansi. As per allegations in the first information report, a flying squad of the Electricity Department on 22nd June, 1988, found the meter of the petitioners firm burnt and the electricity to the concern connected with the main line. As per allegations in the first information report the petitioners were guilty of theft of electricity making them liable to prosecution under Ss. 39/40/44 of the Electricity Act.

( 2 ) SHRI Dharam Pal Singh, learned counsel for the petitioners contended that although a bare perusal of the first information report may disclose an offence, yet if the other attending circumstances are taken into consideration which according to him have been brought to the notice of this Court in the form of other annexures to the writ petition, then it would be evident that the petitioners are not guilty of having committed any offence at all. He referred to