IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL STAY APPLICATION NO.3731 OF 2010 IN CRIMINAL WRIT PETITION NO.368 OF 2010 Padam S/o Bhopal Singh R/o Village Rawali Mahmood P.S. Ranipur, District Haridwar ……… Petitioner Versus State of Uttarakhand & three others ……… Respondents Dated: June 3, 2010 HON. DHARAM VEER, J. Heard Mr. M.K. Goyal, learned counsel for the petitioner and Mr. Prabhakar Joshi, learned brief holder for the State as well as perused the material available on file. By means of this writ petition, the petitioner has sought writ in the nature of certiorari quashing the First Information Report, registered at Police Station Ranipur, District Haridwar as Crime No.471 of 2009 relating to offence punishable under Section 135 of Electricity Act, 2003. A further mandamus has been sought commanding the respondents not to arrest the petitioner in connection with the aforesaid crime during the pendency of this writ petition. Brief facts of the case are that respondent no.4 Sri Kulbhushan Kukreti, Junior Engineer, 33/11 K.V. Place Bahadarabad, District Haridwar lodged the First Information Report at Police Station Ranipur on 29.12.2009 against several persons including the petitioner. In the F.I.R., it has been alleged that on 27.12.2009 at about 11:35 AM the complainant reached the house of the petitioner under construction and found that the electricity theft was being committed by the petitioner. 2 There are specific allegations against the petitioner in the First Information Report. Having considered the submissions of learned counsel for the petitioner and that of learned Brief Holder for the State and the contents of the First Information Report indicates that a prima facie case under Section 135 of The Electricity Act, 2003 is made out against the petitioner. Looking into the seriousness of the allegation made in the First Information Report, the petitioner is not entitled to get any relief by this Court at this stage. The writ petition is devoid of merits and the same is hereby dismissed. (Stay Application No.3731 of 2010 is also dismissed). (Dharam Veer, J.) 03.06.2010 RG