PRASHANT KUMAR @ PRASHANT MISHRA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO AND 3 OTHERS
CRLP/2339/2025 · 2025-03-24
Brij Raj Singh, Vivek Chaudhary
body2025
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[ 2025 DAILYLAW 129311 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 129311 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:16713-DB
Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 2339 of 2025 Petitioner :- Prashant Kumar @ Prashant Mishra Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko And 3 Others Counsel for Petitioner :- Amit Kumar Gupta,Indresh Kumar,Kuldeep Kaur Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary, J. Hon'ble Brij Raj Singh, J.
1. On oral request, counsel for the petitioner is permitted to implead the Executive Engineer, Electricity Distribution Division, Gauriganj, District Amethi as opposite party no.5 during course of the day.
2. Heard learned counsel for the petitioner, learned AGA for State-opposite parties no.1 to 3 and Sri Amit Kumar, learned counsel appearing for the Power Corporation-opposite party no.5 and perused the record.
3. The petitioner seeks issuance of a writ in the nature of Certiorari for quashing of the First Information Report dated 25.02.2025 bearing No.0745 of 2025 under Section 138(1)(b) of Indian Electricity Act (Amendment), 2003 ( For short the
“Act, 2003”), P.S. Anti-Power theft, District Amethi.
4. Learned counsel for the Power Corporation has informed this Court that petitioner has a statutory remedy under Section 152 of the Act, 2003 to approach the Executive Engineer concerned.
5. This writ petition is disposed of with a direction to the petitioner to file his application for compounding under Section 152 of the Act, 2003 before the Executive Engineer, opposite party no.5 within a period of one week from today. If the said
application is filed before the Executive Engineer, opposite party no.5, he will take appropriate decision strictly in accordance with the Act, 2003 and the Rules framed thereunder within a period of five weeks.
6. For a period of six weeks or till such a decision is taken by opposite party no.5, whichever is earlier, the petitioner shall not be arrested in pursuance of the First Information Report dated 25.02.2025 bearing No.0745 of 2025 under Section 138(1)(b) of Indian Electricity Act (Amendment), 2003, P.S. Anti-Power theft, District Amethi. . (Brij Raj Singh, J.) (Vivek Chaudhary, J.) Order Date :- 24.3.2025 Rao/- Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench