Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 9455 of 2021 Petitioner :- Shiv Murat Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shriman Narayan Tiwari,Pankaj Dubey Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard learned counsel for the petitioner and learned AGA. Shri Narendra Kumar Tiwari appears for the respondent no.3.
This writ petition has been filed praying to quash the FIR dated 6.11.2020 in Case Crime No.3801 of 2020 under Section 135 Electricity Act, P.S. Ante Power Theft Thana, Prayagraj, Distt. Prayagraj 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 petition, 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 :- 27.10.2021 SP/