Babu Lal v. State of U.P. and 3 Others

Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 16165 of 2023 Petitioner :- Babu Lal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kamal Kishor Mishra,Prashant Drivedi Counsel for Respondent :- G.A.,Narendra Kumar Tiwari Hon'ble Anjani Kumar Mishra,J. Hon'ble Shiv Shanker Prasad,J.

¶1Heard learned counsel for the petitioner, Shri Narendra Kumar Tiwari, learned counsel for the respondent no.4, Electricity Board and learned AGA for the State.

¶2The writ petition seeks quashing of the first information report dated 05.05.2022 giving rise to Case Crime No.0321 of 2022, under Section 135 of the Indian Electricity (Amendment) Act, 2003, Police Station Anti Power Theft, Kaushambi, District Kaushambi.

¶3The 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.

¶4Learned 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.

¶5In 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.

¶6For a period of three weeks, no coercive action shall be taken against the petitioner. Order Date :- 12.10.2023 Mayank High Court of Judicature at Allahabad