SHIV SAHAY SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) These two petitions under sections 482 Code of Criminal Procedure (hereinafter referred to as ''Cr.P.C'') have been filed in connection with same case arising out of one raid and on the basis of First information Report (For short ''FIR') lodged against the petitioners under section 135 of Electricity Act (herein after referred to as the 'Act') on 9.1.2010. Hence both these petitions are taken up together .

(2.) The questions of facts and law involved in both these petitions are almost similar, hence they are being disposed of by this common judgement.

(3.) By means of petition no. 746 of 2011 (U/s 482 Cr.P.C.) the petitioner Shiv Sahay has prayed for quashing the FIR dated 9.1.2010 arising out of case crime no. 7 of 2010 under section 135 Electricity Act, charge-sheet dated 1.2.2010 and summoning order dated 6.9.2010 and order dated 3.12.2010 passed by Special Judge (E.C.Act), Room No. 9, Sultanur in Criminal Case No. 13 of 2010.