Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 8035 of 2021 Petitioner :- Asha Ram Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Chandra Dutt,Vidya Prakash Counsel for Respondent :- G.A.,Madan Mohan Chaurasisa
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the petitioner, learned A.G.A. and perused the record of the present petition.
This petition has been filed seeking for quashing of the F.I.R. dated 01.06.2021 registered as Case Crime No.428 of 2021, under Section 135 of Indian Electricity Act (Amendment) 2003, P.S.-Anti Power Theft, District- Auraiya.
At the outset, learned counsel for respondents submits that the offence as reported in the first information report dated 01.06.2021 (lodged as Case Crime No.428 of 2021) is compoundable under Section 152 of the Act, 2003, provided the petitioner, against whom complaint has been made, moves an application before the appropriate authority.
To this submission, learned counsel for the petitioner does not take any exception. Looking to the allegations made in the first information report though this Court does not find any reason to quash the same, however, it is provided that the petitioner shall move an appropriate application before the competent authority seeking for compounding of the offence reported in the F.I.R. dated 01.06.2021 for theft of under Section 135 of the Indian (Amendment) Act, 2003.
On presentation of the said application along with the copy of this order within a period of two weeks from today, the competent authority shall be under obligation to consider the request of the petitioner and pass an appropriate order within a further period of four weeks, under due intimation to the petitioner.
For a period of six weeks from today or till the appropriate order is passed by the competent authority, whichever is earlier, no coercive measure shall be taken against the petitioner in the aforesaid case.
It is, however, made clear that in case the petitioner does not move any application seeking compounding of the offence under Section 152 of the Act, 2003 within the period given above, the interim protection granted to him shall not be available and it would be open for the investigating authority to proceed, in accordance with law.
The writ petition is, accordingly, disposed of. Order Date :- 24.9.2021 Radhika