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2025 DAILYLAW 129680 (ALL)

NITIN @ NITIN KUMAR v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO. AND 3 OTHERS

CRLP/2471/2025 · 2025-03-25

Brij Raj Singh, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17031-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 2471 of 2025 Petitioner :- Nitin @ Nitin Kumar Respondent :- State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Gulam Mustafa 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, Purwa, District Unnao 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 Dwivedi, 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 28.02.2023 bearing Case Crime / FIR No.848 of 2023 under Section 135(1)(a) of Indian Electricity Act (Amendment), 2003 ( For short the Act, 2003), P.S. Anti-Power theft, District Unnao. 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 28.02.2023 bearing No.0848 of 2023 under Section 135(1) (a) of Indian Electricity Act (Amendment), 2003, P.S. Anti-Power theft, District Unnao. Order Date :- 25.3.2025/Pks ( Brij Raj Singh, J.) ( Vivek Chaudhary, J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench