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2025 DAILYLAW 15471 (ALL)

DURVESH KUMAR v. STATE OF U.P. AND 3 OTHERS

CRLP/2210/2025 · 2025-02-14

Mahesh Chandra Tripathi, Vinod Diwakar

body2025

Judgment text

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Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 2210 of 2025 Petitioner :- Durvesh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mushir Khan,Yusuf Ali Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioner and learned AGA for the State–respondents. 2. This writ petition has been filed praying to quash the FIR dated 13.02.2024 registered as Case Crime No. 0137 of 2024, under section 135 of the Indian Electricity Act, 2003, Police Station- Anti Power Theft, Shahjahanpur, District- Shahjahanpur. 3. After arguments were heard at some length, learned counsel for the petitioner states that the petitioner shall apply for compounding before the competent authority as per the provisions of section 152 of the Indian Electricity Act, 2003. 4. In 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. 5. For a period of three weeks, no coercive action shall be taken against the petitioner pursuant to the impugned FIR. Order Date :- 14.2.2025 A.K.Srivastava Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad