Anand Kushwaha Vs State of U.P. and 3 Others

Court No. - 46

Case :- CRIMINAL MISC. WRIT PETITION No. - 5868 of 2021

Petitioner :- Anand Kushwaha Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Alok Kumar Singh,Anil Kumar Counsel for Respondent :- G.A.

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Hon'ble Surya Prakash Kesarwani,J. Hon'ble Piyush Agrawal,J.

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Heard Sri Anil Kumar, learned counsel for the petitioner, the learned A.G.A. for the State-respondents and Sri Anuj Tripathi holding brief of Sri Alok Mishra, learned counsel for the respondent Nos.3 and 4.

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This writ petition has been filed praying to quash the first information report dated 08.01.2021 lodged as Case Crime No.18 of 2021 under Section 135, Bhartiya Vidyut Adhiniyam, Police station-Anti Power Theft, District Etah.

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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.

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Learned counsel for the respondent nos.3 and 4 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.

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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.

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

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Order Date :- 6.8.2021 NLY

Anand Kushwaha v. State of U.P. and 3 Others

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Anand Kushwaha v. State of U.P. and 3 Others

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