ASHARAF ALI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Mr. Satyendra Narayan Singh, learned Counsel for the applicant and Mr. Mata Prasad, Advocate holding brief of Mr. Baleshwar Chaturvedi, learned Counsel appearing for respondents nos. 3 and 4 and Mr. D.K. Srivastava, learned A.G.A. appearing on behalf of the State.

(2.) This application has been filed, seeking to quash the proceedings in Criminal Case No. 142 of 2005, State v. Ashraf Ali, under Sec. 135 of the Electricity Act, 2003 (''the Act of 2003' for short), Police Station Khandauli, District Agra, pending in the Court of the Special Judge (E.C. Act), Agra.

(3.) The applicant has been reported to the Police through a first information report dtd. 10/8/2005 by the Junior Engineer, Enforcement Squad, Power Distribution Corporation, who, along with the Executive Engineer and a team of police officers, acting on an information, went over to the premises of a certain M/s. Aftab Ice Factory owned by the applicant Asharaf Ali. The information, on which the enforcement team proceeded, was about theft of electricity by the applicant. A checking of the premises followed, which led to the discovery of a direct line drawn from the 100 KVA transformer to the low-tension line, for the purpose of energizing the ice factory. The team found an effective illegally connected load of 74 H.P. and corresponding theft being committed by the applicant. The applicant is said to have moved away, feigning that he would produce papers. The cable was removed and taken into custody. The members of the public, who were offered to stand witness, declined to do so, citing reasons eschewing enmity.