Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 1667 of 2019 Petitioner :- Ramesh Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Ram Surat Ram (Maurya),J. Hon'ble Anil Kumar-IX,J.
Heard Sri Anil Kumar Srivastava, counsel for the petitioner and A.G.A appearing for the State of U.P.
Writ petition has been filed for quashing the F.I.R. dated 6.12.2018 registered as case crime no. 482 of 2018 under Section 138-B Indian Electricity (Amended) Act, 2003, Police Station -Sachendi, District Kanpur City.
In the F.I.R, in substance, allegation has been made that when the connection of the petitioner was checked then it was found that connection of the petitioner was disconnected and the petitioner had taken line directly by using Katia.
Counsel for the petitioner submits that under Electricity Act, it is a compounding offence.
Petitioner is granted three weeks time to file an application for compounding offence before the Magistrate concerned, If such an application is filed within the aforesaid period, the Magistrate concerned shall pass order on it.
Till the disposal of the said application filed by the petitioner, the petitioner shall not be arrested in case crime no. 482 of 2018 under Section 138B Indian Electricity ( Amended ) Act, 2003,Police Station -Sachendi, District Kanpur City. If the petitioner does not file an application for compounding offence within a period of three week, the protection granted by this Court shall stand automatically vacated.
In view of the aforesaid, the petition is disposed of finally.
Order Date :- 22.1.2019 aks