Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 15915 of 2020 Petitioner :- Mangelal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pavan Kumar Counsel for Respondent :- G.A.,Gauri Shankar Yadav
Hon'ble Manoj Kumar Gupta,J. Hon'ble Rajendra Kumar-IV,J.
Heard learned Counsel for the petitioner, Sri Gauri Shankar Yadav, learned counsel for the respondent no. 4. and learned AGA for State.
The present writ petition has been filed by the petitioner, praying for quashing of the First Information Report dated 20.10.2020 registered as Case Crime No. 3728 of 2020, under Section 135 of Electricity Act, Police Station Anti Power Theft, District Agra with a further prayer to stay the arrest during pendency of investigation of the said case.
Learned Counsel for the petitioner at the out set submitted that the alleged offence of theft is compoundable under Section 152 of the Electricity Act, 2003. The petitioner is ready to get the offence compounded by moving an appropriate application in that regard.
Learned Counsel appearing on behalf of Electricity Department does not dispute that the offence is compoundable under Section 152 of the Act.
In the aforesaid circumstances, it is open to the petitioner to apply for compounding of the offence in which event the application shall be decided not later than one month from the date, it is filed along-with attested copy of the instant order.
For a period of six weeks or till the submission of police report under Section 173(2) Cr.P.C., which ever is earlier, the petitioner shall not be arrested in the aforesaid case.
The petition stands disposed of accordingly.
.
(Rajendra Kumar-IV, J.) (Manoj Kumar Gupta, J.) Order Date :- 7.1.2021 Manoj