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2025 DAILYLAW 132727 (ALL)

MAHENDRA KUMAR SINGH v. STATE OF U.P. THRU. THE PRIN. SECY. HOME DEPTT. LKO. AND 4 OTHERS

/2942/2025 · 2025-04-09

Ram Manohar Narayan Mishra, Vivek Chaudhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20073-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 2942 of 2025 Petitioner :- Mahendra Kumar Singh Respondent :- State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. And 4 Others Counsel for Petitioner :- Santosh Kumar Srivastava Counsel for Respondent :- G.A.,Amit Kumar Dwivedi Hon'ble Vivek Chaudhary,J. Hon'ble Ram Manohar Narayan Mishra,J. Heard learned counsel for the petitioner, learned A.G.A. on behalf of the State-respondents nos. 1 & 2 as well as Mr. Amit Kumar Dwivedi, learned counsel for the respondent nos.3 to 5 and perused the record. This writ petition has been filed praying for quashing of First Information Report dated 05.07.2022 registered as FIR No. 0811 of 2022, under Section 135(1)(a) of Indian Electricity (Amended) Act, 2003 in P.S. Anti-Power theft, District Ambedkar Nagar. Learned counsel for the respondents has informed this Court that the petitioner has statutory remedy under Section 152 of the Indian Electricity Act (Amendment), 2003 to approach the Executive Engineer concerned. This writ petition is disposed of with a direction to the petitioner to file his application for compounding under Section 152 of the said Act before the concerning Executive Engineer within a period of one week from today. If the said application is filed before the concerning Executive Engineer, he will take appropriate decision strictly in accordance with the Act and Rules framed thereunder within a period of five weeks thereafter. For a period of six weeks or till such a decision is taken by the concerning Executive Engineer, whichever is earlier, the petitioner shall not be arrested in pursuance of the First Information Report dated 05.07.2022 registered as FIR No. 0811 of 2022, under Section 135(1)(a) of Indian Electricity (Amended) Act, 2003 in P.S. Anti-Power theft, District Ambedkar Nagar. (Ram Manohar Narayan Mishra,J.) (Vivek Chaudhary,J.) Order Date :- 9.4.2025 Arjun/- Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench