KAMAL KISHOR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
A482/7166/2025 · 2025-09-09
Ajay Bhanot
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160414 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160414 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7166 of 2025 Court No. - 15 HON'BLE AJAY BHANOT, J. Ms. Aprajita Bansal, learned counsel assisted by Ms. Shreya Pahwa, learned counsel for the Power Corporation submits that the FIR and the records disclose that during the inspection it was found that the petitioner had tampered with the electricity cable as well as the meter and was indulging in theft of electricity. A prima facie case is disclosed against the applicant. Faced with this, Ms. Shivani Tiwari, learned counsel holding brief of Sri Srees Kumar Srivastava, learned counsel for the applicant submits that the applicant does not wish to press the prayer sought in the application. The prayer sought in the application is accordingly declined.
Learned counsel for the applicant recasts her relief and submits that the applicant may be permitted to file an application before the learned trial court for compounding of the offence and tendering the relevant documents after depositing the compounding amount before the authority of the Power Corporation. According to Ms. Aprajita Bansal, learned counsel for the Power Corporation the compounding amount in the facts of this case is of Rs. 12,000/-. Versus Counsel for Applicant(s) : Srees Kumar Srivastava Counsel for Opposite Party(s) : G.A., Aprajita Bansal Kamal Kishor .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s)
In wake of the preceding discussion the Application U/S 482 is
disposed of with the following directions: I.The applicant shall deposit Rs. 12,000/- towards compounding amount before the Power Corporation within a period of one month. II. After depositing the aforesaid amount, the applicant shall file an application under Section 152 of the Electricity Act for compounding of offence before the learned trial court along with receipts evidencing deposit of the compounding amount within a further period of one month. III. In case the aforesaid application and relevant documents are submitted within the aforesaid time period, the learned trial court shall pass appropriate orders in accordance with law. IV. Till the decision of the aforesaid application for compounding of the offence no coercive measures shall be taken against the applicant. V. The applicant shall cooperate in the trial proceedings. VI. The learned trial court shall decide the aforesaid application independently without being influenced by the interim protection granted by this Court. It is clarified that in case the applicant fails to deposit the aforesaid amount and file said application within the time stipulated above or fails to cooperate in the trial proceedings, this interim protection shall stand vacated without recourse to this Court. The learned trial court shall record a finding to this effect, and thereafter proceed in accordance with law and may also take out coercive measures against the applicant. September 9, 2025 Dhananjai A482 No. 7166 of 2025 2 (Ajay Bhanot,J.) Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad, Lucknow Bench