Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 6871 of 2021 Petitioner :- Sheela Yadav Respondent :- State of U.P. and Others Counsel for Petitioner :- Ram Prakash Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Naveen Srivastava,J.
Heard Shri Ram Prakash, learned counsel for the petitioner and Shri Narendra Kumar Tiwari, learned counsel for the Power Corporation.
This writ petition has been field with a prayer to issue a writ, order or direction in the nature of certiorari quashing the F.I.R. dated 25.06.2021, registered as Case Crime No. 1607/2021 under Section 135-1(c) of Indian Electricity Act (Amendment) 2003, Police Station- Anti Power Theft Thana, Prayagraj, District- Prayagraj.
From the perusal of the F.I.R., it appears that on the basis of the allegations made therein, prima facie, cognizable offence is made out. There is no ground for interfering in the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused.
However,considering the submission made by the learned counsel for the petitioner that the above mentioned offence is compoundable and the petitioner is ready to deposit the compounded amount, it is directed that in case the petitioner moves an application before the authority concerned within one week from today for compounding the offence, the authority concerned of the Electricity Department shall be summoned by the court concerned within two weeks thereafter for the purpose of submitting the compounding report.
The authority concerned shall submit the compounding report within 15 days thereafter. The petitioner shall deposit the compounded amount within three weeks thereafter. Upon receipt of the compounding report, the authority concerned shall pass appropriate order within a period of three weeks.
In case the petitioner deposits the compounded amount in the manner as mentioned above, the petitioner shall not be arrested in the aforesaid case for a period of three months from today. In default of moving the application as mentioned above and to deposit the amount as directed above, it shall be open to the Investigating Officer to arrest the petitioner.
With the above direction, this petition is finally disposed of. Order Date :- 19.8.2021 Sachin Digitally signed by NAVEEN SRIVASTAVA Date: 2021.08.24 15:38:10 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Pankaj Naqvi Date: 2021.08.24 15:40:25 IST Reason: Document Owner Location: High Court of Judicature at Allahabad