Disposed

Shailesh Singh @ Babloo v. State of U.P. and 3 Others

Allahabad HC13 Feb 2019CRLP/3595/2019

Case brief

AI extract

What is this about?

The Court refused the prayer to quash the FIR but, considering the offence is compoundable and the petitioner's readiness to deposit the compounded amount, directed the authorities to convene for compounding and granted protection from arrest upon compliance.

What did the court decide?

Summons to Electricity Department authority within two weeks for compounding report; petitioner granted non-arrest upon deposit of compounded amount within three weeks of report.

Shailesh Singh @ Babloo Vs State of U.P. and 3 Others — Specific Performance | Allahabad HC (2019)

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Court No. - 43

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Case :- CRIMINAL MISC. WRIT PETITION No. - 3595 of 2019

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Petitioner :- Shailesh Singh @ Babloo Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Maurya Counsel for Respondent :- G.A.

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Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.

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Heard Sri Raajesh Maurya, learned counsel for the petitioner, Sri Gauri Shanker Yadav, learned counsel for the Power Corporation, Sri Vijay Kumar Srivastava, learned counsel for respondent no. 4 and the learned A.G.A.

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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 30.7.2018 registered as Case Crime No. 156 of 2018 under sections 504,506,353 I.P.C. and Section 135 of the Indian Electricity(Amendment) Act 2003, P.S. Sidhari District Azamgarh

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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.

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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.

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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.

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In case the petitioner deposits the compounded amount in the manner as mentioned above, the petitioner shall not be arrested

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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.

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With the above direction, this petition is finally disposed of . Order Date :- 13.2.2019 N.A.

Shailesh Singh @ Babloo v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Shailesh Singh @ Babloo v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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