DEVENDRA PANDEY Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Pankaj Kumar Gupta, learned counsel for the applicant, Sri Narendra Kumar Tiwari, learned counsel for opposite party nos. 2 and 3 and learned AGA for the State.

(2.) The entire proceeding has been put under challenge through instant application precisely on the grounds that the FIR which has been lodged at Case Crime No. 0215 of 2019 under Sec. 135 of the Indian Electricity Act, 2003 (hereinafter referred to as 'the Act of 2003') and after conducting detailed investigation, chargesheet has been preferred on dtd. 24/6/2020, whereupon cognizance of offence has been taken up by learned Court of Additional District and Session Judge, Court No. 9, Prayagraj on dtd. 2/5/2024 in pursuance to Sec. 135 of the Act of 2003.

(3.) Learned counsel for the applicant submitted that the FIR has been lodged against an Institution namely, Raj Narayan Pandey, P.G. College, Berui, Garapur, Tharwai, Prayagraj under Sec. 135 of the Act of 2003, but the same is contrary to the Act of 2003, wherein specific provision for offence, if any, committed by companies which is further explained under Sec. 149(2)(a) of the Act of 2003 that 'Company' means a body corporate and includes a firm or other association of individuals; and under Sec. 149(2)(b) of the Act of 2003 that 'Director', in relation to a firm, means a partner in the firm.