DHARMVEER SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri O.P. Gupta, learned counsel appearing on behalf of the petitioner, learned Standing Counsel for respondent no.1 and Sri Nripendra Mishra, learned counsel for respondents no.2 and 3.

(2.) With the consent of learned counsel for the parties, we proceed to decide the matter, at this stage, under the Rules of the Court.

(3.) The petitioner is aggrieved by the demand notice dated 07.05.2012, Annexure-'7' to the writ petition, issued by respondent no.3 requiring to pay a sum of Rs.11,953/= pursuant to an assessment made on the basis of checking report no.1198/14 dated 13.10.2011. It is said that a checking team consisting of two Junior Engineers, an Inspector, Sub-Inspector and a few constables of police made a surprise checking in village Rajpur Kalan, Tehsil Khatauli, police station Jansath, district Muzaffar Nagar and found, amongst others, the petitioner committing theft of electrical energy by extracting electricity for running sugar cane Kolhu from the transformer installed about 100 meter away, near the hospital, by connecting it with three core cable and a 15 H.P. motor. Ten meters cable was also seized for convenience by the checking team and a First Information Report was lodged, being Case Crime no.275 of 2011, under Section 135 of Indian Electricity Act, 2003, Police Station Jansath, District Muzzafar Nagar on the same date.