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2025 DAILYLAW 119989 (ALL)

KAVENDRA NATH ALIAS KAVENDRA NATH VERMA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/836/2025 · 2025-02-07

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:7981 Court No. - 12 Case :- APPLICATION U/S 482 No. - 836 of 2025 Applicant :- Kavendra Nath Alias Kavendra Nath Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Anuj Dayal,Barjinder Singh 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 No. 1 and 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 under Section 482 Cr.P.C., the applicant has prayed for the following main relief:- "i) Quash the summoning order dated 08.08.2024 passed by the Learned Additional Sessions Judge 4th, EC Act Unnao, against the petitioners without application of judicial mind in Case No. 1592 of 2024 titled as State of U.P. versus Kavendra Nath alias Kavendra Nath Varma arises out of Case Crime No. 1051 of 2021 under section 135 EC Act P.S. Anti Power Theft, District: Unnao. ii) Quash the criminal proceedings of Case No. 1592 of 2024 titled as State of U.P. versus Kavendra Nath alias Kavendra Nath Varma and others arises out of Case Crime No. 1051 of 2021 under section 135 EC Act P.S. Anti Power Theft, District: Unnao pending in the Court of Learned Additional Sessions Judge-4, EC Act, District Unnao." 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 by the concerned authority expeditiously. With the aforesaid, the instant application is disposed of. Order Date :- 7.2.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench