MUSTAQ ALIAS MUSTAFA Vs. STATE OF U P

JUDGEMENT

(1.) ALL the aforesaid writ petitions are Identically placed and analogously heard, therefore, connected for the purpose of disposal by this solitary judgment, which will govern all the matters.

(2.) IN the prime writ petition vires of Rule 12 of the Electricity Rules, 2005 (hereinafter called as the Rules) is under challenge. But the basic prayers in all the writ petitions are to quash the First Information Report (hereinafter called as F.I.R.) and not to arrest the petitioners on account of alleged theft of electricity. The contention of the petitioners is that the police has no power to arrest them without any cognizance to be taken up by the appropriate court under Section 151 of the Electricity Act, 2003 (hereinafter referred to as the Act). According to us, these are rarest of the rare cases where the Court is genuinely called upon to interfere with the cause of arrest.

(3.) BEFORE going into the controversial Rule 12 of the Rules we have to go through the Act at first.