RAKSHA RAM v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
CRLP/2554/2025 · 2025-04-04
Brij Raj Singh, Vivek Chaudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 130739 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130739 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:18795-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 2554 of 2025 Petitioner :- Raksha Ram Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Govind Singh Bot (Govind Ram) Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioner, learned AGA for State-opposite parties no.1 and 2, Meera Yadav, learned counsel appearing for the party no.3 and perused the record.
2. The petitioner seeks issuance of a writ in the nature of Certiorari for quashing of the First Information Report dated 27.07.2023 bearing Case Crime/FIR No.638 of 2023 under Section 135 of Indian Electricity (Amended), Act 2003 ( For short the Act, 2003), P.S. Anti-Power Theft, District Balrampur.
3. 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.
4. This writ petition is disposed of with a direction to the petitioner to file an application for compounding under Section 152 of the Act, 2003 before the Executive Engineer, opposite party no.3 within a period of one week from today. If the said application is filed before the Executive Engineer, opposite party no.3, he will take appropriate decision strictly in accordance with the Act, 2003 and the Rules framed thereunder within a period of five weeks.
5. For a period of six weeks or till such a decision is taken by opposite party no.3, whichever is earlier, the petitioner shall not be arrested in pursuance of the First Information Report dated 27.07.2023 bearing FIR No.638 of 2023 under Section 135 of Indian Electricity (Amended), Act 2003 ( For short the Act, 2003), P.S. Anti-Power Theft, District Balrampur. Order Date :- 4.4.2025 Pks ( Brij Raj Singh, J.) ( Vivek Chaudhary, J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench