Smt. Prabha Singh Vs State of U.P. and 3 Others

Neutral Citation No. - 2023:AHC:202238-DB

Court No. - 43

Case :- CRIMINAL MISC. WRIT PETITION No. - 16512 of 2023

Petitioner :- Smt. Prabha Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Prakash Counsel for Respondent :- G.A.,Narendra Kumar Tiwari

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Hon'ble Anjani Kumar Mishra,J. Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the petitioner, learned counsel for the respondent nos.3 and 4, Electricity Board and learned AGA for the State.

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The writ petition seeks quashing of the first information report dated 24.9.2023 giving rise to Case Crime No.7170 of 2023, under Section 1351(a) of the Indian Electricity (Amendment) Act, 2003, Police Station-Anti Power Theft Thana Prayagraj, District-Prayagraj.

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The contention of the learned counsel for the petitioner is 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 :- 18.10.2023 Dev/-

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Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad

Smt. Prabha Singh v. State of U.P. and 3 Others

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Smt. Prabha Singh v. State of U.P. and 3 Others

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