DEVENDRA GUPTA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS is an application under section 482 CrPC by Devendra Gupta and two others praying that a first information report giving rise to case crime no. 2 of 1989 P. S. Makhanpur under section 39 of the Indian Electricity Act be quashed. On 27-8-1991 when this petition was filed a counter affidavit was called from the Government Advocate and further proceedings in the said crime no. 2 of 1989 were stayed till 31-12-1991. No counter affidavit has been filed. Hence the matter was heard for admission.

(2.) SRI Tejpal, learned counsel far the applicants wanted to take the court through the merits of the allegations contained in the first information report but the fact remains that an FIR has been lodged under section 39 of the Electricity Act against the applicants which is under investigation. Can and should such an FIR be quashed has again been sought to be argued by SRI Tejpal. This matter is finally concluded so far as this Court is concerned by the Full Bench decision of Seven Judges in R. L. Yadav's case reported in 1989 ACC 181. SRI Tejpal drew the attention of this Court to a few later decisions of the Supreme Court and on the strength of those decisions it was sought to be canvassed that the said decision in R. L. Yadav's case is no more a good law. The two decisions cited by SRI Tejpal are hereafter discussed :- (1) State of Haryana v. Chowdhary Bhajan Lal, JT 1990 (4) SC 650. In this case the Punjab and Haryana High Court has quashed a first information report and that judgment has been set aside by the Supreme Court with the following observations :

(3.) THIS application consequently fails and is dismissed summarily. Interim order dated 27-8-1991 is vacated. Petition dismissed.