1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 828 of 2011 with Stay Application No. 10021 of 2011 Mohd. Ahsan Ali S/o Jaan Mohmad R/o Village Garowali, P.S.Pathari, District Hardwar …………… Petitioner Versus 1. State of Uttarakhand, through S.S.P. Hardwar 2. S.H.O. P.S.Pathari, District Hardwar 3. Shri Sandeep Chauhan Junior Engineer, Electricity Distribution Sub Division, Rural, Bahadrabad, District Hardwar …………..Respondents Shri Tapan Singh, Advocate, holding brief of Shri Vinay Prakash Srivastava, Advocate, present for the petitioner Smt. Mamta Bisht, A.G.A., present for the state Hon’ble Prafulla C. Pant, J. Heard. 2 (2) By means of this writ petition moved under Article 226 of Constitution of India, the petitioner has sought quashing of the First Information Report dated 07.07.2011, registered as Crime No. 88 of 2011, relating to offence punishable under section 135 of Electricity Act, 2003, Police Station Pathari, District Hardwar. (3) A team of officers of the Uttarakhand Power Corporation, on inspection, said to have found the petitioner, and some other accused taking direct line of power from the transmission wires, and thereby committed theft of electricity. Learned counsel for the petitioner pleaded that petitioner is innocent. It is also submitted that there is no public witness of the inspection made by the team of Uttarakhand Power Corporation. (4) However, having considered submissions of learned counsel for the petitioner, and after going through the papers on record, in the facts 3 and circumstances of the case, this court is not inclined to interfere with the investigation of the case. (5) Therefore, , the writ petition is dismissed summarily with the observation that if the petitioner Mohd. Ahsan Ali surrenders before the court concerned, may be heard and disposed of without unreasonable delay. (Stay Application No. 10021 of 2011, stands disposed of). (Prafulla C. Pant, J.) Dt. 22.09.2011 NP