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2025 DAILYLAW 20407 (ALL)

SHAKIR KHAN v. STATE OF U.P. AND 3 OTHERS

CRLP/3504/2025 · 2025-03-02

Prashant Bilgaiyan Registrar J Criminal, Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29232-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 3504 of 2025 Petitioner :- Shakir Khan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manish Dwivedi Counsel for Respondent :- G.A.,Gaurav Singh Hon'ble Siddharth,J. Hon'ble Praveen Kumar Giri,J. 1. Heard Sri Manish Dwivedi, learned counsel for the petitioner, Sri Dilip Shukla, Advocate, holding brief of Sri Gaurav Singh, learned counsel for respondent nos.3 and 4, learned AGA for the State-respondents and perused the record. 2. The petitioner wants to assail the validity of the First Information Report dated 20.06.2024 which was registered as Case Crime No.0456 of 2024, under Section 135 of the Electricity Act (Amendment), 2023, Police Station Anti Power Theft Police Station Mahoba, District Mahoba. 3. Since, It is compoundable offence under Section 152 of the Electricity Act, 2003 and the allegation in the first information report is relating to theft of electricity, it is directed that the petitioner shall deposit a requisite amount of compounding fees along with his detailed representation raising all his defences before the concerned authority, who shall after applying his judicial mind would pass a suitable order on the said representation. 4. Let the aforesaid exercise of depositing the compounding fees and representation shall be done within a period of next 15 days and two months thereafter is granted to the authority concerned to decide the representation filed by the petitioner. 5. Till the decision of the authority is not made, the interest of the petitioner is protected and he shall not be arrested. However, it is made clear that in the event if the representation is decided against the petitioner then he shall be abide by the directions of the authority concerned of depositing the entire amount decided by the concerned officer / electricity department. 6. With the aforesaid observation, the writ petition is disposed of. Order Date :- 3.3.2025 VKG Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad