Kailash Prasad Vs State of U.P. and 4 Others — Writ and Judicial Review | Allahabad HC (2023)

Kailash Prasad Vs State of U.P. and 4 Others — Writ and Judicial Review | Allahabad HC (2023)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: petitioner may approach the competent authority on or before 18th December, 2023 with a fresh compounding application, certified copy of the order and a compounding fee offer; the authority to pass a reasoned order on compounding within six weeks; petitioner to abide by the order and deposit the entire amount in easy installments; till disposal of the application, petitioner's interest protected and no arrest pursuant to the FIR.

Issue for consideration

Whether the legality and validity of the FIR dated 25.08.2022 (Case Crime No. 581 of 2022, Section 135 Electricity Act, P.S. Anti Theft Basti, District Basti) can be sustained. +1 more

Court's answer

The authority concerned, after hearing the contesting parties, is to pass a reasoned order strictly in accordance with law regarding compounding of the offence within six weeks from the date of institution of the application.

Ratio / Principle

If the petitioner approaches the authority concerned on or before 18th December, 2023, files a fresh application alongwith a certified copy of this order and makes an offer for compounding of the offence after depositing the desired compounding fees, the compounding application is to be considered by the authority.

Key takeaways

After the authority passes its order on the compounding application, it is incumbent upon the petitioner to adhere to that order and deposit the entire amount in easy installments.ratio¶9
Until disposal of the compounding application, the petitioner's interest stands protected and he shall not be arrested pursuant to the FIR in question, to facilitate the process of compounding.ratio¶9

Detailed headnote1 paragraphs

Allahabad High Court (Division Bench: Rahul Chaturvedi and Mohd. Azhar Husain Idrisi, JJ.) disposed of a Criminal Misc. Writ Petition under Article 226 of the Constitution of India challenging the FIR dated 25.08.2022 registered as Case Crime No. 581 of 2022 under Section 135 Electricity Act, Police Station Anti Theft Basti, District Basti. On the submission that the offence under Section 152 of the Electricity Act is compoundable, the Court directed that if the petitioner approaches the authority concerned on or before 18th December, 2023 with a fresh application, certified copy of the order and an offer of compounding after depositing the desired compounding fees, the authority shall hear the contesting parties and pass a reasoned order strictly in accordance with law within six weeks of the application. The petitioner is bound to adhere to the authority's order and deposit the entire amount in easy installments. Till disposal of the application, the petitioner's interest is protected and he shall not be arrested pursuant to the FIR.

Neutral Citation No. - 2023:AHC:224743-DB

Court No. - 67

Case :- CRIMINAL MISC. WRIT PETITION No. - 18467 of 2023

Petitioner :- Kailash Prasad Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Raj Kumar Singh,Anil Kumar Yadav Counsel for Respondent :- G.A.,Chandra Shekhar Singh

Hon'ble Rahul Chaturvedi,J. Hon'ble Mohd. Azhar Husain Idrisi,J.

Heard Sri Anil Kumar Yadav, learned counsel for the petitioner, learned A.G.A. for the State and Sri Chandra Shekhar Singh, learned counsel for the Electricity Department and perused the record.

By means of the present writ petition under Article 226 of the Constitution of India, the petitioner is assailing the legality and validity of the FIR dated 25.08.2022 registered as Case Crime No.581 of 2022, under Section 135 Electricity Act, Police Station Anti Theft Basti, District Basti.

The submission advanced by learned counsel for the petitioner is that the present offence under Section 152 of Electricity Act is compoundable in nature. There is provision for compounding of the offence.

In the circumstances, if the petitioner approaches the authority concerned on or before 18th December, 2023 and files a fresh application alongwith certified copy of this order and makes an offer for compounding of the offence in question after depositing desired compounding fees, the authority concerned after hearing the contesting parties would pass a reasoned order strictly in accordance with law regarding compounding of the offence within next six weeks from the date of institution of application. After passing of the order by the authority concerned, it is incumbent upon the petitioner to adhere the order of the authority concerned on the compounding application and deposit the entire amount in the easy installments. Till the disposal of application, interest of the petitioner shall be protected and he shall not be arrested pursuant to the F.I.R. in question just, to facilitate the process of compounding.

With the aforesaid observations, this writ petition is disposed off.

Order Date :- 28.11.2023 Rmk.

Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad