Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 12724 of 2021 Petitioner :- Nandkishor Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinod Kumar Kushwaha Counsel for Respondent :- G.A.,Mukesh Kumar Singh
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner, Shri Mukesh Kumar Singh, learned counsel for the respondent no.3 and learned AGA for the State – respondents.
This writ petition has been filed praying to quash the first information report dated 7.8.2021 being Case Crime No.0627 of 2021 under Section 135 Electricity Act, 2003 P.S. Anti Power Theft Thana Shahjahanpur, Distt. Shahjahanpur and for a direction to respondents not to arrest the petitioner pursuant to aforesaid FIR.
After arguments were heard at some length, learned counsel for the petitioner states that the petitioner shall apply for compounding before the competent authority as per the provisions of section 152 of the Indian Electricity Act, 2003.
Learned counsel for the respondent no. 3 states that if the petitioner applies for compounding within two weeks from today, his application for compounding shall be considered in accordance with law and appropriate order shall be passed thereon.
In view of the aforesaid and without expressing any opinion on merits of the petitioner, this writ petition is disposed of giving liberty to the petitioner to apply for compounding before the competent authority in accordance with law within two weeks from today along with a copy of this order and in the event a compounding application is filed by the petitioner, the same shall be considered and decided by the competent authority in accordance with law within next one week.
For a period of three weeks, no coercive action shall be taken against the petitioner.
Order Date :- 24.12.2021 SP/