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2025 DAILYLAW 116422 (ALL)

RAMESH GUPTA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND ANOTHER

A482/282/2025 · 2025-01-15

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2363 Court No. - 12 Case :- APPLICATION U/S 482 No. - 282 of 2025 Applicant :- Ramesh Gupta Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Manoj Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant, learned AGA for the State of U.P./respondent Nos. 1 & 2, Sri Manish Jauhari, learned counsel appearing for the Madhyanchal Vidyut Vitran Nigam Ltd. (in short "MVVNL") and perused the record. By means of this application, the applicant has prayed for the following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash and set aside the entire criminal proceedings arising out of impugned cognizance and summoning order dated 28.10.2024 passed by learned Court of Additional District Judge 04, E.C.Act, Unnao, in the S.S.T No.1776/2024 whereby the petitioner has been summoned to face the trial in F.I.R. No.0189/2021 u/s 135 Electricity Act PS.- Anti Power Theft Unnao, District-Anti Power Theft, alongwith the Charge sheet dated 08.02.2024 filed by the Police in F.I.R. No. 0189 of 2021 u/s 135 Electricity Act P.S. Anti Power Theft, P.S. Unnao, District- Anti Power Theft alongwith the Charge sheet dated 08.02.2024 filed by the Police in F.I.R. No. 0189 of 2021 u/s 135 Electricity Act P.S.-Anti Power Theft, P.S. Unnao District-Anti Power Theft, whereupon the cognizance has been taken by the abovesaid learned Court below against the petitioner, contained in Annexure No.1 & 2 to this petition respectively, in the interest of justice." On being pointed out by Sri Jauhari, learned counsel appearing for the MVVNL regarding provisions as envisaged under Section 152 of the Electricity Act, 2003 (in short "Act of 2003") read with Electricity Code, 2005, learned counsel for the applicant says that the present application be disposed of finally with liberty to the applicant to approach court/authority concerned for redressal of his grievances by moving an appropriate application under Section 152 of the Act of 2003 and an observation may be made regarding consideration and disposal of the said application expeditiously. Considering the aforesaid, the present application is disposed of with liberty, as prayed for. In case the applicant moves an application under Section 152 of the Act of 2003, then the same shall be considered and decided expeditiously. With the aforesaid, the instant application is disposed of. Order Date :- 15.1.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench