Court No. - 21 Case :- CRIMINAL MISC. WRIT PETITION No. - 10802 of 2010 Petitioner :- Rama Shanker Singh Respondent :- State Of U.P. & Others Petitioner Counsel :- R.C. Yadav Respondent Counsel :- Govt. Advocate,H.P. Dube Hon'ble V.K. Shukla,J.
Hon’ble Shyam Shankar Tiwari,J.
Supplementary affidavit filed today be accepted and taken on record.
Learned A.G.A. has accepted notice on behalf of respondent nos. 1 to 3.
Respondent no. 4 is represented by Sri H.P. Dubey Advocate before this
Court.
Each one of the respondents is accorded eight weeks time to file counter
affidavit. Rejoinder affidavit may be filed within next two weeks.
List thereafter.
It has been contended on behalf of petitioner that in the present case
after taking due permission from respondents-authority, private
electricity line has been sought to be drawn, in such a situation it cannot
be said that any cognizable offence under Section 136 of Electricity Act,
has been committed by petitioner.
Primafacie arguments advanced requires consideration by this Court.
Consequently, till the next date of listing or till submission of report
under Section 173 (2) Cr. P.C. whichever is earlier, petitioner shall not
be arrested in Case Crime No. 713 of 2010 under Section 136 of
Electricity Act, Police Station Jangipur, District Ghazipur, subject to
condition that petitioner shall extend all possible cooperation with the on
going investigation.
Order Date :- 21.6.2010
Dhruv