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SUBHASH VIDYARTHI
Sabir Ali – Appellant
Versus
State of U. P. , Thru. The Secy. Home U. P. Lko. – Respondent
JUDGMENT :
1. Heard Sri D.K. Shukla, the learned counsel for the applicant, Sri Akhilesh Kumar Vyas, the learned AGA-I for the State, Sri Jayant Mohan Verma holding brief of Mrs. Aprajita Bansal, the learned counsel for the opposite party no. 3.
2. By means of the instant application filed under Section 482 Cr.P.C., the applicant has sought quashing of the impugned charge sheet dated 13.04.2023 filed against the applicant arising out of Case Crime No. 797 of 2020, under Section 135 of Indian Electricity Act, 2003, Police Station Anti-power Theft, District Unnao, pending in the court of Additional District Judge-4, E.C. Act, Unnao in S.T. No. 1127 of 2023 as well as for setting aside the impugned order dated 20.09.2022 by which cognizance has been taken by the Additional District Judge-4, E.C. Act, Unnao in Case Crime No. 797 of 2020, under Section 135 Indian Electricity Act, 2003, Police Station Anti-Power Theft, District Unnao in S.T. No. 1127 of 2023.
3. In the FIR lodged on 06.07.2020 it was alleged that when a team of engineers and officials of Madhyanchal Vidyut Vitran Nigam Limited had checked the premises of the applicant, it was found that he had cut the service cable and was
The amicable resolution of a civil dispute and the clearance of civil liability can be grounds for quashing a FIR and subsequent proceedings under the Indian Electricity Act.
The court's inherent jurisdiction under Sec. 482 Cr.P.C. must be invoked for compelling reasons of abuse of process of law or glaring injustice, which are against sound principles of criminal jurispr....
In appeals against acquittal, the Appellate Court must respect the presumption of innocence unless compelling reasons demonstrate evidence leading to conviction beyond reasonable doubt.
Both Sections 135 and 138 of the Electricity Act are compoundable under Section 152, and the prosecution must provide reliable evidence for conviction.
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