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2025 DAILYLAW 121148 (ALL)

VIKRANT v. STATE OF U.P. THRU. SECY. HOME U.P. LKO. AND 2 OTHERS

/937/2025 · 2025-01-31

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6711 Court No. - 12 Case :- APPLICATION U/S 482 No. - 937 of 2025 Applicant :- Vikrant Opposite Party :- State Of U.P. Thru. Secy. Home U.P. Lko. And 2 Others Counsel for Applicant :- Vinod Kumar 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 Amit Kumar Dwivedi, learned counsel appearing for the Madhyanchal Vidyut Vitran Nigam Ltd. (in short "MVVNL") and perused the record. The present application has been filed by the applicant for the following main reliefs:- "For the facts, reasons and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside impugned summoning order dated 03.04.2024 passed by the Court of Additional District and Session Judge /Special Judge E.C.Act, Room No.04 Faizabad in Criminal Case No-137/2024, Crime No. 553/2020, Under Section 135 Electricity Act 2003, Police Station-Anti Power Theft, District-Ayodhya, State versus Vikrant, as well as Charge Sheet No.A-185, dated 27.09.2022, in Case Crime No. 553/2020, Under Section 135 Electricity Act 2003, Police Station-Anti Power Theft, District-Ayodhya, State versus Vikrant, which is contained as Annexure No.01 & 02 to this petition. It is further prayed that this Hon'ble Court may kindly be pleased to stay the proceeding of Criminal Case No-137/2024. Crime No. 553/2020, Under Section 135 Electricity Act 2003, Police Station- Anti Power Theft, District-Ayodhya, State versus Vikrant, during pendency of the present petition in the interest of justice." On being pointed out by Sri Amit Kumar Dwivedi, 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. Till disposal of such application, no coercive action shall be taken against the applicant. With the aforesaid, the instant application is disposed of. Order Date :- 31.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench