Ashish Vs State of U.P. and 3 Others

Neutral Citation No. - 2023:AHC:112410-DB

Court No. - 48

Case :- CRIMINAL MISC. WRIT PETITION No. - 7094 of 2023

Petitioner :- Ashish Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pankaj Kumar Mishra Counsel for Respondent :- G.A.,Baleshwar Chaturvedi

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Hon'ble Siddhartha Varma,J. Hon'ble Manish Kumar Nigam,J.

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Heard Sri Pankaj Kumar Mishra, learned counsel for the petitioner, Sri Baleshwar Chaturvedi, learned counsel for Electricity Department and learned A.G.A. for State/respondent nos. 1 to 3.

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This writ petition has been preferred for quashing the F.I.R. dated 26.02.2023 being Case Crime No. 0839 of 2023, under Sections 135 of Indian Electricity (Amendment) Act, 2003, Police StationAnti Power Theft Thana Etawah, District Anti Power Theft.

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Contention of the learned counsel for the petitioner is that offence as stated in the F.I.R. is compoundable and the petitioner is ready to apply for compounding of the offence compounded for which the F.I.R. has been lodged.

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Learned counsel for electricity department also submits that if the petitioner files an application under Section 152 of the Electricity Act within a week, the same shall be decided within a period of three weeks.

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Under such circumstances, we direct that the petitioner to file an application for compounding of the offence within a period of one week and in case the petitioner moves such an application before the appropriate forum/court, the same shall be decided within the next three weeks thereafter.

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For a period of two months or till the decision of the application for compounding, whichever is earlier, no coercive action shall be taken against the petitioner.

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With the aforesaid directions, the writ petition is disposed of .

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Order Date :- 22.5.2023/Ved Prakash

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

Ashish v. State of U.P. and 3 Others

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Ashish v. State of U.P. and 3 Others

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