Radha Krishna @ Govardhan v. State of U.P. and 3 Others

Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 18825 of 2023 Petitioner :- Radha Krishna @ Govardhan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sushil Kumar Chaturvedi,Sangeeta Shukla Counsel for Respondent :- G.A.,Baleshwar Chaturvedi Hon'ble Ashwani Kumar Mishra,J. Hon'ble Syed Aftab Husain Rizvi,J. Heard learned counsel for the parties. The allegations made in the FIR with regard to theft of electricity ought not to be commented upon by this Court inasmuch as the offence itself is compoundable and the provisions of Section 41

(A) Cr.P.C. are otherwise applicable. Whether petitioner has indulged in theft of electricity is otherwise a question of fact to be decided during the course of investigation. Leaving it open to the petitioner to pursue appropriate remedy before the competent forum in terms of the above observations, the prayer to quash the FIR is declined and the petition is consigned to records. Order Date :- 5.12.2023 C. MANI High Court of Judicature at Allahabad