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Neutral Citation No. - 2025:AHC:74760-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 9263 of 2025 Petitioner :- Vijay Narayan Tiwari Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Prateek Tiwari Counsel for Respondent :- Chetan Chatterjee,G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J.
1. Heard petitioner in person, learned A.G.A. for the State - respondents and Shri Kavindra Dwivedi, Advocate holding brief of Shri Chetan Chatterjee, learned counsel for the informant.
2. This writ petition has been filed with the prayer to quash the First Information Report dated 26.04.2025 in Case Crime No.1092 of 2025, under Section 135 of Electricity Act, 2003 Police Station- Anti Power Theft Police Station Azamgarh, District Azamgarh.
3. Petitioner has placed reliance upon the judgement passed by the Apex Court in Dilip (Dead) through Lrs vs. Satish and others, Criminal Appeal No.810 of 2022 arising out of Special Leave Petition No.8917 of 2019 dated 13.05.2025 and states that even in a theft case, the electricity cannot be disrupted as has been done in the present case.
4. Since offence itself is required to be dealt with in accordance with the provisions of Section 152 of Indian Electricity Act and the offence is otherwise compoundable, remedy of the petitioner would be to pursue the course available under the Act itself.
5. In view of the aforesaid and without expressing any opinion on merits of the case 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 certified 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, no coercive action shall be taken against the petitioner. (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 8.5.2025/A. Pandey Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad