Jafaruddin v. State of U.P. and 4 Others

Court No. - 45 Case :- CRIMINAL MISC. WRIT PETITION No. - 16158 of 2023 Petitioner :- Jafaruddin Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajesh Pandey Counsel for Respondent :- G.A.,Mukesh Kumar Singh Hon'ble Vivek Kumar Birla,J. Hon'ble Anish Kumar Gupta,J.

¶1Heard Sri Rajesh Pandey, learned counsel for the petitioner, learned AGA for the State-respondents and Sri Mukesh Kumar Pandey, who has accepted notice on behalf of the respondent no. 3.

¶2This writ petition has been filed praying to quash the first information report dated 17.05.2023, registered as Case Crime No. 2965 of 2023, under sections 135 of the Indian Electricity Act (Amendment), 2003, Police Station-Anti Power Theft, District-Bareilly.

¶3Learned counsel for the petitioner states that the petitioner will apply for compounding before the competent authority as per the provisions of section 152 of the Indian Electricity Act, 2003.

¶4Learned counsel for the respondents 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 from today, no coercive action shall be taken against the petitioner. Order Date :- 20.11.2023 Shubham Arya High Court of Judicature at Allahabad