This court disposed of a writ petition under section 135 of the Indian Electricity Act, 2003, granting liberty to the petitioner to apply for compounding before the competent authority within two weeks and stayed coercive action for three weeks.
Liberty to apply for compounding; stay of coercive action for three weeks.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 8404 of 2021
Petitioner :- Satish Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Naveen Kumar,Pravesh Kumar Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard Shri Naveen Kumar,Pravesh Kumar, learned counsel for the petitioner, Shri Rajesh Yadav, learned counsel for the respondent no. 4 and Mrs. Archana Singh, learned AGA-I for the State – respondents.
This writ petition has been filed praying to quash the first information report dated 2.9.2020, in Case Crime No. 4595 of 2020, under section 135 of the Indian Electricity (Amendment) Act, 2003, Police Station - Anti Power Theft, Distrct - Bulandshahr.
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. 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.
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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity
proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 1.10.2021 Kamarjahan
Satish
State Of U.P.
Mahesh Chandra Tripathi
Ram Krishna Gautam
As recorded by the court registry
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