Court No. - 27 Case :- MISC. BENCH No. - 5616 of 2010 Petitioner :- Sarafat Ali S/O Hansha Respondent :- State Of U.P. Thru Principal Secretary Home & Ors. Petitioner Counsel :- Narendra Gupta Respondent Counsel :- G.A.,Meera Tripathi Hon'ble Devi Prasad Singh,J.
Hon’ble Yogendra Kumar Sangal,J.
Learned Government Advocate has accepted notice on behalf of opposite
parties no. 1 and 2.
Issue notice to opposite parties no. 3 and 4 returnable at an early date.
The submission of the learned counsel for the petitioner is that premises in
question was already transferred by registered sale deed in the year 2008. In
spite of the fact petitioner had sold the premises in question respondents have
registered FIR against the petitioner with regard to electricity theft. Once the
premises has been transferred through registered sale deed to other person
prima facie there is no justification to lodge FIR.
Four weeks’ time is allowed to file counter affidavit, two weeks’ for rejoinder
affidavit. List thereafter.
Till next date of listing or till filing of charge-sheet whichever is earlier
petitioner shall not be arrested in Case Crime No.515 of 2010 Under Section
135 of the Indian Electricity Act at Police Station Sandila.
Order Date :- 14.6.2010
Madhu