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Neutral Citation No. - 2025:AHC:89459-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 10683 of 2025 Petitioner :- Raju Patel Alias Chandrakant Kumar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sarvesh Chaubey Counsel for Respondent :- G.A.,Udit Chandra Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J.
1. Heard learned counsel for the the petitioner, Shri Nitesh Patel, holding brief of Shri Udit Chandra, learned counsel for respondent no. 3 and learned A.G.A. for the State - respondents.
2. This writ petition has been filed with the prayer not to arrest and harass the petitioner in pursuance of First Information Report dated 3.12.2024 in Case Crime No.1565 of 2024, under Section 135 Indian Electricity Act (Amended), 2003, Police Station- Anti Power Theft, Police Station Prayagraj, District Varanasi.
3. 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.
4. 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.
5. For a period of three weeks, no coercive action shall be taken against the petitioner. Order Date :- 26.5.2025 Ujjawal (Anil Kumar-X, J) (Mahesh Chandra Tripathi, J) Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad