RAJESH SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Mr. Sunil Kumar Srivastava learned counsel for applicant, learned A.G.A. for State and Mr. Narendra Kumar Tiwari, learned counsel for respondent no.2 Electricity Department and perused the record.

(2.) This application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge sheet dated 17.5.2016 along with entire proceedings in Case No.1460 of 2018 (State vs Rajesh Singh) arising out of Case Crime No.129 of 2016 under Section 138-B Indian Electricity Act, P.S. Naini District Allahabad and also quash the non bailable warrant dated 15.2.2021 which is pending in the court of Special Judge (E.C. Act), Allahabad.

(3.) Learned counsel for the applicant submits that the applicant is innocent and peace loving and law abiding citizen and abusively trapped in this criminal case without taking information by the applicant or tenants of the aforesaid premises. The applicant has purchased the aforesaid premises on 1.7.2014 and thereafter he has sold the aforesaid premises to Jai Singh on 26.6.2015 by registered sale deed which was registered in the office of Sub Registrar, Karchhana in Bahi No.1 Jild No.4184 Page No.23 to 100 Sl.No.5372? on 26.6.2015. He further submits that by the order dated 16.9.2015 passed by the Tehsildar Karchhana, District Allahabad the aforesaid premises was mutated in favour of the purchaser. Learned counsel also submits that when the FIR was lodged against the applicant under Section 138-B Electricity Act, the applicant was not the owner of the premises in question and the same was already sold to one Jai Singh, therefore, the present case cannot be lodged against the applicant as he is not consuming the electricity as alleged by the Electricity Department.