Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 37536 of 2018 Petitioner :- Mustak Ahmad Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sandeep Kumar Singh,Vagish Kumar Misra Counsel for Respondent :- G.A.,Mahboob Ahmad
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Shri Sandeep Kumar Singh, Shri Vagish Kumar Misra learned counsel for petitioner and and learned A.G.A. for State of Uttar Pradesh.
This writ petition has been filed for quashing the F.I.R. dated 30.08.2018 registered as Case Crime No. 0789 of 2018, under Section 135 Indian Electricity (Amendment) Act 2003, Police Station- Soraon, District- Allahabad.
In the F.I.R. in substance the allegation has been made that petitioner was running a shop of saloon in which he has taken illegal connection through theft of electricity.
Counsel for the petitioner submits that petitioner is a tenant of Badri Prasad. Badri Prasad has taken connection in his name and is paying bill. The petitioner was not required to pay separate bill of electricity. However, steal dispute remain as to whether the connection being a domestic connection and the petitioner is using electricity for commercial purpose.
In the circumstances, petitioner may move an application for compounding before the Magistrate concerned within a period of one month. If, the compounding application is made within time then a suitable order be passed in regard to compounding by the court below.
Till the disposal of compounding application, no coercive action shall be taken against the petitioner in Case Crime No. 0789 of 2018, under Section 135 Indian Electricity (Amendment) Act 2003, Police Station- Soraon, District- Allahabad.
With the above direction, writ petition is disposed of. Order Date :- 20.12.2018 Sharad/-