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2025 DAILYLAW 131753 (ALL)

DHARMENDRA SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME U.P. LKO. AND OTHERS

CRLP/2746/2025 · 2025-04-08

Ram Manohar Narayan Mishra, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19642-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 2746 of 2025 Petitioner :- Dharmendra Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. And Others Counsel for Petitioner :- Dharmendra Kumar Singh,Ankit Kumar Singh Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard learned counsel for the petitioner, learned AGA for State-opposite parties no.1 to 3, Gursimaran Kaur holding brief of learned counsel appearing for the party no.4 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 09.07.2022 bearing Case Crime/FIR No. 1099 of 2022 under Section 135 of Indian Electricity (Amended), Act 2003 ( For short the Act, 2003), P.S. Anti-Power Theft, District Unnao. 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.4 within a period of one week from today. If the said application is filed before the Executive Engineer, opposite party no.4, 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.4, whichever is earlier, the petitioner shall not be arrested in pursuance of the First Information Report dated 09.07.2022 bearing Case Crime/FIR No. 1099 of 2022 under Section 135 of Indian Electricity (Amended), Act 2003 ( For short the Act, 2003), P.S. Anti-Power Theft, District Unnao. . (Ram Manohar Narayan Mishra, J.) (Vivek Chaudhary, J.) Order Date :- 8.4.2025 Dhirendra/ Digitally signed by :- DHIRENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench