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2025 DAILYLAW 120590 (ALL)

HASIB v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND OTHERS

CRLP/889/2025 · 2025-03-04

Brij Raj Singh, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13053-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 889 of 2025 Petitioner :- Hasib Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Shyam Kinkar Pandey,Avadhesh Mishra,Naseem Ahamad Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J. Order on Impleadment Application/ I.A. No. 2 of 2025. Heard. Cause shown in the affidavit in support of the impleadment application is sufficient. The application is allowed. Learned counsel for the applicant/petitioner is permitted to make necessary impleadment during the course of the day. Order on Writ Petition Heard learned AGA on behalf of the State-respondents nos. 1 & 2 as well as Mr. Amit Kumar, learned counsel for the respondent no.3/U.P. Power Corporation and perused the record. 2. This petition has been filed with the following main prayers:- "I. Issue a writ, order or direction in the nature of Certiorari quashing the FIR dated 29.08.2024 bearing No.912 of 2024 under section 135-1(c) of Indian Electricity Act, 2003, registered at Police Station Anti Power Theft Thana Barabanki, Unit Anti Power Theft, District Barabanki, for securing the ends of justice. (Contained as Annexure No. 1to this writ petition). II. Issue a writ, order or direction in the nature of Mandamus, commanding the opposite parties not to arrest the petitioner in FIR dated 29.08.2024 bearing No.912 of 2024 under section 135-1(c) of Indian Electricity Act, 2003, registered at Police Station Anti Power Theft Thana Barabanki, Unit Anti Power Theft, District Barabanki, in the interest of justice. III. Issue a writ, order or direction which this Hon'ble Court may deem fit just and proper in the circumstances of the case may also be passed, in favour of the petitioner." 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 29.08.2024 bearing No.912 of 2024 under section 135-1(c) of Indian Electricity Act, 2003, registered at Police Station- Anti Power Theft Thana Barabanki, Unit Anti Power Theft, District Barabanki. [Brij Raj Singh, J.] [Vivek Chaudhary, J.] Order Date :- 4.3.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench