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2025 DAILYLAW 87829 (ALL)

DINESH KUMAR KESHARI v. STATE OF U.P. AND 3 OTHERS

CRLP/18461/2025 · 2025-08-28

Abdul Shahid, Siddhartha Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 18461 of 2025 Court No. - 43 HON'BLE SIDDHARTHA VARMA, J. HON'BLE ABDUL SHAHID, J. 1. Heard learned counsel for the petitioner and the learned counsel for the electricity department. 2. This writ petition has been filed for quashing of the First Information Report dated 29.4.2025 giving rise to Case Crime No. 559 of 2025 under section 135 of the Electricity Act, 2003, Police Station- Anti Power Theft, P.S. Varanasi, District - Varanasi. The petitioner has also prayed that he be not arrested in pursuance of the impugned FIR. 3. Contention of learned counsel for the petitioner is that the offence, as stated in the FIR, is compoundable and the petitioner is ready to apply for compounding the offence for which the FIR was lodged. Learned counsel, therefore, states that the petitioner would file an application before the authority concerned under section 152 of the Electricity Act. 4. Learned AGA appears for respondent nos.1, 2 and 3. In view of the order that this Court intends to pass, it is not necessary to issue notice to respondent no.4. 5. It is, therefore, directed that in the event the petitioners file an Versus Counsel for Petitioner(s) : Prem Prakash Yadav, Shri Prakash Counsel for Respondent(s) : G.A. Dinesh Kumar Keshari .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) application under section 152 of the Electricity Act, 2003 before the authority concerned within a period of one week from today, the same shall be considered and decided within the next three weeks thereafter. 6. For a period of two months or till the decision of the application for compounding, whichever is earlier, the petitioner shall not be arrested. 7. The writ petition is, accordingly, disposed of. August 29, 2025 LN Tripathi CRLP No. 18461 of 2025 2 (Abdul Shahid,J.) (Siddhartha Varma,J.) Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad