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2025 DAILYLAW 30979 (ALL)

DEVENDRA TIWARI v. STATE OF U.P. AND 4 OTHERS

CRLP/5403/2025 · 2025-03-23

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:42683-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 5403 of 2025 Petitioner :- Devendra Tiwari Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Puneet Kumar Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard Sri Puneet Kumar, learned counsel for the petitioner and learned A.G.A. appearing for the State respondents. 2. This writ petition has been filed praying to quash the first information report dated 14-11-2022, registered as Case Crime No. 1238 of 2022, under section 135 of the Indian Electricity Act (Amendment), 2003, Police Station Anti-Power Theft Banda, District Banda. Further prayer has been made not to arrest the petitioner in pursuance of the impugned F.I.R. 3. Learned counsel for the petitioner states that the petitioner will apply for compounding before the competent authority as per the provisions of section 152 of the Indian Electricity Act, 2003. 4. Learned counsel for the respondents states that if the petitioner applies for compounding within two weeks from today, his application for compounding shall be considered in accordance with law and appropriate order shall be passed thereon. 5. 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. 6. For a period of three weeks from today, no coercive action shall be taken against the petitioner in pursuance of the impugned first information report dated 14-11- 2022. Order Date :- 24.3.2025 pks (Prashant Kumar, J.) (M.C. Tripathi, J.) Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad