Soran Singh v. State of U.P. and 2 Others
Case brief
What is this about?
Petition sought to quash FIR under Section 135 of Indian Electricity Act. Court did not decide on merits but granted liberty to apply for compounding under Section 152 within two weeks and stayed coercive action for three weeks pending decision.
What did the court decide?
Liberty to apply for compounding under Section 152 of Indian Electricity Act within two weeks; stay of coercive action for three weeks.
What the court decided
Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 19041 of 2022
Petitioner :- Soran Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lalit Kumar Shukla Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the petitioner and learned AGA for the State-respondents.
This writ petition has been filed praying to quash the first information report dated 11.11.2022 registered as Case Crime No. 7494 of 2022, under section 135 of the Indian Electricity Act, 2003, Police Station - Anti Power Theft, Distrct - Mathura.
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.
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.
Issues for consideration
1 issue framed by the court
Whether compounding of offence under Section 135 of Indian Electricity Act, 2003 is a prerequisite to quash First Information Report under Section 135 of the said Act.
Parties & counsel
- petitioner
Soran Singh
- respondent
State Of U.P.
Coram
Mahesh Chandra Tripathi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- CRLP/19041/2022
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