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2012 Supreme(All) 1534

SUDHIR AGARWAL, P.K.S.BAGHEL
DHARMVEER SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
O.P. Gupta for the Petitioner; Nripendra Mishra and C.S.C. for the Respondents.

JUDGMENT

By the Court.—Heard Sri O.P. Gupta, learned counsel appearing on behalf of the petitioner, learned Standing Counsel for respondent No. 1 and Sri Nripendra Mishra, learned counsel for respondent Nos. 2 and 3.

2. With the consent of learned counsel for the parties, we proceed to decide the matter, at this stage, under the Rules of the Court.

3. The petitioner is aggrieved by the demand notice dated 7.5.2012, Annexure-’7' to the writ petition, issued by respondent No. 3 requiring to pay a sum of Rs. 11,953/- pursuant to an assessment made on the basis of checking report No. 1198/14 dated 13.10.2011. It is said that a checking team consisting of two Junior Engineers, an Inspector, Sub-Inspector and a few constables of police made a surprise checking in village Rajpur Kalan, Tehsil Khatauli, police station Jansath, district Muzaffar Nagar and found, amongst others, the petitioner committing theft of electrical energy by extracting electricity for running sugar cane Kolhu from the transformer installed about 100 meter away, near the hospital, by connecting it with three core cable and a 15 H.P. motor. Ten meters cable was also seized for convenience by the checking team and a Fir














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