ASHOK GARG Vs. STATE

JUDGEMENT

(1.) Heard Shri Anurag Singh, learned counsel for the petitioner, Shri Amarjeet Singh Rakhara, learned counsel for opposite party no. 2 and perused the record.

(2.) Instant petition under section 482 Cr.P.C., 1973 has been filed with the prayer to quash the impugned charge-sheet no. 349 of 2005 dated 30.10.2005 arising out of case crime no. 1474 of 2005 under section 135 of Electricity Act, 2003 (hereinafter referred to as the 'Act'), Police Station Kotwali, District Unnao and also summoning order dated 30.10.2006 passed by the Special Judge (E.C. Act), Unnao in Special Trial No. 06 of 2006 State v. Ashok Garg and others.

(3.) On 29.8.2005, a raid was conducted by Electrical Enforcement Department under the leadership of Mohd. Manjoor Alam Khan, Assistant Engineer, Enforcement at Radhey Solvent Premises at about 1.00 p.m. Electric meter was checked wherein tampering was found. Meter was sealed. Accused Ashok Garg, owner of M/s Radhey Solvent Factory absconded from the scene of occurrence. It was an offence under section 135 of the Act and Rule 12 of Electricity Rules, 2005. Thereafter the electric connection of M/s Indo Prosoya Food Private Limited Unit no. 1, Akarampur Unnao was checked wherein tampering was also found in the meter. Memo was prepared. On the basis of memo, first information report was lodged at police station Kotwali, District Unnao at case crime no. 1475 of 2005 under section 135 of the Act. Matter was investigated. After investigation, charge-sheet was submitted against petitioner.