NARESH KUMAR Vs. STATE OF UTTARAKHAND & ANOTHER

JUDGEMENT

(1.) Heard learned couns el for the applicant.

(2.) According to the applicant, he is an employee serving on contract in Uttarakhand Power Corporation Ltd. (for short 'UPCL') established by State of Uttarakhand under the Electricity Act. According to the applicant, his duty is to attend the feeders in electricity sub-station and also to record meter reading by visiting the premises of the consumers for ascertaining the power consumed by them.

(3.) An. F.I.R. was lodged against the applicant on 13.06.2013 by respondent no. 2, who is a journalist by profession. In the F.I.R., it was alleged that applicant visits his house for meter reading, although, Mr. Brijesh Kumar Sharma alone is authorized for the purpose. It was further alleged that applicant has demanded money from the consumers by impersonating as employee of UPCL. It was further alleged that on 25.05.2013, applicant received Rs. 9,000/- from the wife of the complainant for installing new electricity meter. It was further alleged that on 12.06.2013 when a delegation of journalists met Sub Divisional Officer of UPCL, then, it was revealed that there is no departmental employee of UPCL with the name of Naresh Kumar. It was further alleged that in the night at about 02:00 a.m. while electricity was running in the line, applicant has stolen his electricity meter. After investigation, police submitted a charge-sheet dated 29.07.2013 under Sections 170, 420 and 379 of I.P.C. Learned Magistrate took cognizance in the matter on 16.09.2013.