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2025 DAILYLAW 101875 (ALL)

RAJENDRA YADAV v. STATE OF U.P. AND 3 OTHERS

CRLP/22359/2025 · 2025-10-05

Achal Sachdev, Siddhartha Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22359 of 2025 Court No. - 43 HON'BLE SIDDHARTHA VARMA, J. HON'BLE ACHAL SACHDEV, J. 1. This writ petition has been filed for quashing of the First Information Report dated 16.02.2024 giving rise to Case Crime No.110 ff 2024, under section 135 of the Electricity Act, 2003, Police Station Anti Power Theft, District Bhadohi. The petitioners have also prayed that they be not arrested in pursuance of the impugned FIR. 2. Contention of learned counsel for the petitioner is that the offence, as stated in the FIR, is compoundable and the petitioner is ready to apply for compounding the offence for which the FIR was lodged. Learned counsel, therefore, states that the petitioner would file an application before the authority concerned under section 152 of the Electricity Act. 3. Learned AGA appears for respondent nos.1, 2 and 3. In view of the order that this Court intends to pass, it is not necessary to issue notice to respondent no.4. 4. It is, therefore, directed that in the event the petitioner files an application under section 152 of the Electricity Act, 2003 before the authority concerned within a period of one week from today, the same shall be considered and decided within the next three weeks thereafter. 5. For a period of two months or till the decision of the application for compounding, whichever is earlier, the petitioner shall not be arrested. 6. The writ petition is, accordingly, disposed of. 7. This order was passed in the presence of Sri Sheikh Sultan Momin, Advocate Versus Counsel for Petitioner(s) : Mohit Srivastava, Yatharth Srivastava Counsel for Respondent(s) : G.A., Sushil Kumar Pandey Rajendra Yadav .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) holding brief of Sri Sushil Kumar Pandey, leaned counsel for the Electricity Department. October 6, 2025 Zafar CRLP No. 22359 of 2025 2 (Achal Sachdev,J.) (Siddhartha Varma,J.) Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad