Neutral Citation No. - 2025:AHC:105562-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 11664 of 2025 Petitioner :- Kapil Dev Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhilendra Singh,Lalta Prasad,Prabhat Kumar Singh Counsel for Respondent :- G.A.,Udit Chandra Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State, Shri Nitesh Patel, Advocate holding brief of Shri Udit Chandra, learned counsel for the respondent nos. 3 & 4 and perused the record. 2. The instant writ petition has been filed by the petitioner with the prayer to quash the FIR dated 22.03.2025 giving rise to Case Crime No. 722 of 2025, under Section 135 of Indian Electricity Act (Amendment), Police Station Anti- Power Theft, District Jaunpur. 3. Learned counsel for the petitioner has submitted that from the allegations made in the first information report, prima facie no offence, complained of, is disclosed against the petitioner and as such, impugned first information report is liable to be quashed. 4. Per contra, learned AGA as well as learned counsel for the respondent nos. 3 & 4 has submitted that from the allegations made in the first information report, prima facie offence of theft of electricity is clearly disclosed against the petitioner, therefore, impugned first information report can not be quashed in view of law laid down by the Hon'ble Apex Court in the cases of State of Telangana Vs. Habib Abdullah Jellani reported in (2017) 2 SCC 779, Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and Others reported in (2021) SCC Online SC 315 and in a recent decision of the Hon'ble Apex Court in Criminal Appeal No. 843 of 2024, Directorate Enforcement Vs. Niraj Tyagi and others. 5. Having considered the rival submissions made by learned counsel for the parties and taking into consideration the allegations made in the first information report and the relevant law cited by learned AGA as well as learned counsel for the respondent nos. 3 & 4 and the fact that impugned first information report discloses cognizable offence against the petitioner, we are of the opinion that the impugned first information report can not be quashed, therefore, the prayer for quashing the impugned first information report is refused. 6. However in case, the petitioner files an application for anticipatory bail/ regular bail before the appropriate court, his bail application shall be considered and disposed of as expeditiously as possible in accordance with law. 7. With the aforesaid observations, the instant writ petition is finally disposed of. Order Date :- 7.7.2025 Nadim Digitally signed by :- NADIM ALAM High Court of Judicature at Allahabad