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2025 DAILYLAW 90826 (ALL)

YOGENDRA MISHRA v. STATE OF U.P. AND 2 OTHERS

CRLP/19602/2025 · 2025-09-24

Abdul Shahid, Siddhartha Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 19602 of 2025 Court No. - 43 HON'BLE SIDDHARTHA VARMA, J. HON'BLE ABDUL SHAHID, J. 1. This writ petition has been filed for quashing of the First Information Report dated 24.4.2023 giving rise to Case Crime No.990 of 2023 under section 138(1)(b) of the Indian Electricity (Amendment) Act, 2003, Police Station Anti Power Theft, Varanasi, District Varanasi. The petitioner has also prayed that he be not arrested in pursuance of the impugned FIR. 2. 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. 3. Learned AGA appears for respondent nos.1 and 2. In view of the order that Court intends to pass, it is not necessary to issue notice to respondent no.3. 4. It is, therefore, directed that in the event the petitioner files an application under section 152 of the Electricity Act, 2003, along with a certified copy of this order, 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. 5. For a period of two months or till the decision of the application for compounding, whichever is earlier, the petitioner shall not be arrested. 6. The writ petition is, accordingly, disposed of. 7. This order was passed in the presence of Sri Nitesh Patel, learned counsel for respondent no. 3. September 25, 2025 M. Tarik Versus Counsel for Petitioner(s) : Sanjay Kumar Singh, Tej Pratap Singh Counsel for Respondent(s) : G.A. (Abdul Shahid,J.) (Siddhartha Varma,J.) Yogendra Mishra .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad