IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL C 482 Criminal Misc. Application No. 899 of 2009 Smt. Saroj. …..…Applicant. Versus State of Uttarakhand and another. …….Respondents. Hon’ble Alok Singh, J. Mr. K.S. Bora, learned counsel for the petitioner/ applicant. Notices have been accepted by Mr. G.S. Sandhu, learned Government Advocate for the State of Uttarakhand on behalf of respondent no. 1. Heard. By way of present petition filed under Section 482 of Cr.P.C., applicant / petitioner seeks to quash proceedings of special Sessions Trial no. 76 (State vs. Smt. Saroj) under section 135 of Electricity Act arising out of First Information Report no. 95 of 2009. The scope of Article 226 of the Constitution of India or scope of Section 482 of Code of Criminal Procedure is limited. While exercising powers in either of the provisions, court is not supposed to enter into the question of fact or appreciation of evidence. This Court can only see as to whether contents of the First Information Report or material collected by 2 Investigating Officer constitutes any prima facie case justifying the chargesheet or not. I have carefully perused the First Information Report as well as material collected by the Investigating Officer which is placed before me. From the perusal of the material available on record, it comes out that before electricity meter a cable was attached to take supply without reading which was found by raiding party. I am satisfied that prima facie case of the theft of electricity is made out against the petitioner. No interference is called for. Petition devoid of merit and is dismissed summarily. (Alok Singh, J.) 26.11.2009 SKS