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2025 DAILYLAW 8681 (ALL)

DEVICHARAN YADAV v. STATE OF U.P. AND 3 OTHERS

CRLP/922/2025 · 2025-01-31

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:14509-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 922 of 2025 Petitioner :- Devicharan Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashwani Kumar Singh,Devendra Singh Kushwaha,Irfan Alim Siddiqui Counsel for Respondent :- G.A.,Rishu Mishra Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner, Shri Akash Ojha, learned counsel for the respondent nos. 4 Purvanchal Vidyut Vitran Nigam Ltd. 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 04.03.2023, registered as Case Crime No.0338 of 2023, under sections 138(1)(b) of Electricity Act, Police Station Anti Power Theft Thana Maharajganj, District Maharajganj. 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, 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. Order Date :- 31.1.2025 Bhanu Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad