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Kapil v. State Of U.P. - CRIMINAL MISC. WRIT PETITION No. 15072 of 2006  RD-AH 21196 (15 December 2006)
Hon'ble S.Rafat Alam, J.
Hon'ble Sudhir Agarwal,J.
It is contended that in the FIR the allegation pertains to Sections 135/138 of Indian Electricity Act, for which no FIR can be lodged as the Act provides only for filing of complaint. Reliance has also been placed on a Division Bench order of this Court dated 6.12.2006 in Criminal Misc. Writ Petition No. 14724 of 2006, a copy whereof is enclosed as Annexure-2 to the writ petition, and a Division Bench judgment in the case of Mustaq Vs. State of U.P. & others, 2006 (56) ACC 733.
Learned Additional Government Advocate prays for and is allowed two weeks time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.
In view of the submissions and also in view of the order passed by a Division Bench of this Court dated 6.12.2006in Criminal Misc. Writ Petition No. 14724 of 2006, it is provided that the investigation in Case Crime No. 823 of 2006 under Sections 135/138 of Indian Electricity Act, P.S. Quarsi, District Aligarh shall continue but the petitioner shall not be arrested until submission of report or until further orders of this Court whichever is earlier provided he cooperates in the investigation and appear before the Investigating Officer as and when required.
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