DAYARAM @ DAYARAM GAUTAM v. STATE OF U.P. THRU. THE PRIN. SECY. HOME DEPTT. LKO AND ANOTHER
A482/1188/2025 · 2025-02-10
Saurabh Lavania
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 122148 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 122148 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:8350 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1188 of 2025 Applicant :- Dayaram @ Dayaram Gautam Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Shyam Lal,Shripal Suman,Veer Bahadur,Vinod Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. Instant application has been preferred by the applicant for the following main relief:-
"to set aside/quashed the chargesheet dated 17.01.2018 in criminal case no. 910 of 2018 and crime no. 354/2017 pending in the court of Special Judge, E.C. Act, Lucknow (State V/S Dayaram) under Section 138 (B) Indian Electricity Act (Amended), 2003 contained in Annexure No. 1 in the interest of justice." Considering the facts of the instant case as also the provisions envisaged under Section 152 of Electricity Act, 2003 (in short "Act of 2003") and the judgment passed by the Hon'ble Apex Court in the case of Suresh Ganpati Halvankar vs the State of Maharashtra in I. A. No. 117535 of 2017 in Criminal Appeal No. 156 of 2018 (Arising out of SLP (Crl.) No.3670/2017) on 22.01.2018, on being confronted, the learned counsel for the applicant stated that the present application be finally disposed of without entering into the merits of the case, with liberty to the applicant to file appropriate application(s) before the concerned Court seeking benefits of Section 152 of the Act of 2003 as also the law laid down by Hon'ble Supreme Court in the case of Suresh Ganpati Halvankar (Supra), Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine SC 116. Learned AGA has no objection to the prayer made by learned counsel for the applicant. Keeping in view the aforesaid, the present application is disposed of with liberty as prayed for and with a direction to the court below that if the applicant files the application(s), as aforesaid, the same shall be considered and decided expeditiously in accordance with law.
Taking note of the facts of the case and also the observation made in the case of Satendra Kumar Antil (Supra) and Musheer Alam (Supra), this Court is of the view that it would be appropriate to observe that it is expected from the Police Officer concerned that for a period of 30 days from today or till the applicant files the application(s), as aforesaid, whichever is earlier, he would not take any coercive action against the applicant in the aforesaid case. With the aforesaid observations, the present application is disposed of. Order Date :- 10.2.2025/Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench