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Akash Gupta v. State Of U.p. And 4 Others

Akash Gupta v. State Of U.p. And 4 Others

(High Court Of Judicature At Allahabad)

CRIMINAL MISC. WRIT PETITION No. - 17999 of 2023 | 21-11-2023

1. Heard learned counsel for the petitioner, learned counsel for the first informant and learned AGA for the State.

2. The writ petition seeks quashing of the first information report dated 30.8.2023 giving rise to Case Crime No. 1751 of 2023, under Section 135 of the Indian Electricity (Amendment) Act, 2003, Police Station Anti Power Theft Shahjahanpur, District Shahjahanpur.

3. The contention of the learned counsel for the petitioner is that the petitioner shall apply for compounding before the competent authority as per the provisions of Section 152 of the Indian Electricity Act, 2003.

4. Learned A.G.A. 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.

5. 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.

6. For a period of three weeks, no coercive action shall be taken against the petitioner.

Advocate List

  • Anees Ahmad

  • G.A.,Mukesh Kumar Singh

Bench
  • HON'BLE MR. JUSTICE ANJANI KUMAR MISHRA
  • HON'BLE MR. JUSTICE ARUN KUMAR SINGH DESHWAL
Eq Citations
  • 2023/AHC/220551-DB
  • LQ/AllHC/2023/8253
Head Note

Electricity Act, 2003 — S. 135 — Quashing of FIR under S. 135 — Liberty given to apply for compounding before competent authority — No coercive action to be taken against petitioner for three weeks — Indian Electricity Act, 1910, S. 152 (Para 5)