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2025 DAILYLAW 154634 (ALL)

OM PRAKASH SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

CRLP/6898/2025 · 2025-07-31

Brij Raj Singh, Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44577-DB Court No. - 11 Case :- CRIMINAL MISC. WRIT PETITION No. - 6898 of 2025 Petitioner :- Om Prakash Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Amitabh Kumar Tripathi,Ashish Kumar Shukla Counsel for Respondent :- G.A.,Amarjeet Singh Rakhra Hon'ble Rajesh Singh Chauhan,J. Hon'ble Brij Raj Singh,J. 1. Heard Sri Ashish Kumar Shukla, learned counsel for the petitioner, Sri Arun Kumar, learned A.G.A. appearing for the State. 2. The present petition has been filed with the following prayer:- " 1. To issue a writ order or direction in the nature of mandamus commanding and directing the opposite parties no.2 to 4 to conduct fair and proper investigation relating to Case Crime No.0232 of 2024, registered under section 135 of Indian Electricity Act (Amended) 2003 Police Station Anti- Power Theft, District Pratapgarh in the light of applications sent by the petitioner-accused, dated 30.05.2025, contained as Annexure No.3 to this writ petition. 3. The precise contention of learned counsel for the petitioner is that one F.I.R. bearing Case Crime No.0232 of 2024, registered under section 135 of Indian Electricity Act (Amended) 2003 Police Station Anti-Power Theft, District Pratapgarh has been lodged against the present petitioner on the allegation of electricity theft wherein the investigation is going on but the same is not proper and fair, inasmuch as till date the statement of concerned persons have not been recorded. Therefore, learned counsel for the petitioner has stated that the direction may be issued to the Investigating Officer to conduct proper investigation. 4. Be that as it may, since one F.I.R. has been lodged against the petitioner wherein investigation is going on, therefore, it is needless to say that the Investigating Officer shall conduct fair and proper investigation strictly in accordance with law by recording the evidence of the witnesses After conducing and concluding the investigation as per law the police report shall be filed. It is also needless to say that if such investigation is concluded without following due procedure of law the petitioner would have legal recourse before the appropriate court or authority, for that no liberty is required to be given. 5. In view of above, the writ petition is disposed of. [Brij Raj Singh, J.] [Rajesh Singh Chauhan,J.] Order Date :- 31.7.2025 Anuj Singh Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench