The court disposed of a writ petition seeking quashing of an F.I.R. without expressing an opinion on merits, granting liberty to the petitioner to apply for compounding within two weeks and staying coercive action for three weeks.
Liberty to apply for compounding within two weeks; coercive action stayed for three weeks.
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Court No. - 46
Case :- CRIMINAL MISC. WRIT PETITION No. - 5720 of 2021
Petitioner :- Irfan Ahmad Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sanjeev Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.
Heard Shri Sanjeev Kumar Shukla, learned counsel for the petitioner, Shri Chetan Chatterji, learned counsel for the respondent no. 5 and learned AGA for the State - respondents.
This writ petition has been filed praying to quash the first information report no. 0193 of 2021 dated 09.02.2021 under section 135 of the Indian Electricity Act, 2003, Police Station - Anti Power Theft, Distrct - Azamgarh.
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. 5 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 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.
For a period of three weeks, no coercive action shall be taken against the petitioner.
Order Date :- 29.7.2021 Amit Mishra
1 issue framed by the court
Whether to quash the F.I.R. under section 135 of the Indian Electricity Act, 2003 without taking a view on merits.
2 provisions across 1 enactments
Irfan Ahmad
State Of U.P.
Surya Prakash Kesarwani
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
