Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 6398 of 2021 Petitioner :- Devendra Kumar Tiwari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Mishra Counsel for Respondent :- G.A.,Madan Mohan Chaurasisa Hon'ble Pritinker Diwaker,J.
Hon'ble Mrs. Manju Rani Chauhan,J.
Sri Sanjay Mishra, learned counsel for the petitioner, Sri Amit Sinha, learned A.G.A. for the State respondents and Sri Madan Mohan Chaurasisa, learned counsel for Power Corporation.
This writ petition has been filed seeking quashment of FIR dated 18.06.2021 lodged against the petitioner in respect of Crime No.578 of 2021 for the offence under Section 138(1)(b) of Indian Electricity Act, 2003, P.S. Anti Power Theft Ekdil, District Etawah.
Counsel for the Electricity Board submits that there is a provision for compounding under Section 152 of the Electricity Act and petitioner can very well approach the concerned authority.
Counsel for the petitioner submits that he would approach the concerned authority but the said authority be directed to consider the case of the petitioner sympathetically from all angles and not to harass the petitioner.
Considering the facts and circumstances of the case, the petition is disposed of directing the petitioner to appear before the concerned authority along with a detailed representation and in turn, the concerned authority shall decide the matter within a month from the date of production of a copy of this order, considering all the aspects of the case.
The party shall file computer generated copy of this order downloaded from the official website of the High Court, Allahabad, self attested by the petitioner(s) along with a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad and shall made a declaration of such verification in writing.
Order Date :- 24.8.2021/JK Yadav/RK