SHAMBHU DAYAL v. STATE OF U.P. THRU. PRIN. SECY. HOME AND 3 OTHERS
CRLP/200/2025 · 2025-02-24
S Q H Rizvi, Vivek Chaudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 115327 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 115327 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:11572-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 200 of 2025 Petitioner :- Shambhu Dayal Respondent :- State Of U.P. Thru. Prin. Secy. Home And 3 Others Counsel for Petitioner :- Prateek Rawat,Utkarsh Anand Counsel for Respondent :- G.A.,Shatrughna Awasthi Hon'ble Vivek Chaudhary,J. Hon'ble Syed Qamar Hasan Rizvi,J.
Learned counsel for the petitioner is permitted to implead the Executive Engineer, Electricity Distribution Division Hasanganj, Unnao as respondent in the writ petition during the course of the day. Heard learned counsel for the petitioner and learned AGA on behalf of the State-respondents nos. 1 & 2 as well as Sri Shatrughna Awasthi, leaned counsel for opposite party no.3 and perused the record. This writ petition has been filed praying for quashing of First Information Report dated 19.11.2022 registered as FIR No.1805 of 2022, under Section 135(1)(a) of Indian Electricity Act (Amendment), 2003 in P.S. Anti-Power Theft, District Unnao.
Learned counsel for the respondents has informed this Court that the petitioner has statutory remedy under Section 152 of the Indian Electricity Act (Amendment), 2003 to approach the Executive Engineer concerned. This writ petition is disposed of with a direction to the petitioner to file his application for compounding under Section 152 of the said Act before the concerning Executive Engineer within a period of one week from today. If the said application is filed before the concerning Executive Engineer, he will take appropriate decision strictly in accordance with the Act and Rules framed thereunder within a period of five weeks thereafter. For a period of six weeks or till such a decision is taken by the concerning Executive Engineer, whichever is earlier, the petitioner shall not be arrested in pursuance of the
First Information Report dated 19.11.2022 registered as FIR No.1805 of 2022 under Section 135(1)(a) of Indian Electricity Act (Amendment), 2003 in P.S. Anti-Power theft, District Unnao. . (Syed Qamar Hasan Rizvi, J.) (Vivek Chaudhary,J.)
Order Date :- 24.2.2025 dk/ Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench