ARVIND KUMAR SAINI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Sri Parikshit Saini, Advocate for the petitioner.

(2.) Notices on behalf of respondent nos.1 & 2 have been accepted by Sri Prabhakar Joshi, Brief Holder for the State, who prays for and is granted three weeks' time to file counter affidavit. Issue notice to respondent no.3 returnable within three weeks. Sri Parkshit Saini, learned counsel for the petitioner argued that F.I.R. case crime no.211 of 2009 P.S. Kotwali Laksar Distt: Hardwar under section 135 of Electricity Act was lodged on 07.08.2009 against the petitioner. As per the FIR, at the time of checking, petitioner was found using 82.52 KW electricity by trapping L.T. line. Annexure no.5 to this petition [letter dated 12.10.2009] reveals that petitioner has deposited assessed amount of Rs.1,46,434/- on 08.10.2009. This letter further reveals that matter has been referred to learned Collector, Hardwar under section 152 of the Electricity Act for compounding. Section 152 of the Electricity Act reads as under :-

(3.) In view of above, I direct that the petitioner shall not be arrested pursuant to impugned F.I.R. till further orders of this Court. Stay Application No.10566 of 2009 stands disposed of accordingly.