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2025 DAILYLAW 188883 (ALL)

FAROOQUE v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 2 OTHERS

/10009/2025 · 2025-12-09

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 10009 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the parties and perused the record. 2. The instant application has been preferred seeking following main relief(s):- "The petitioner above named most respectfully begs to submit that for the facts, reasons and circumstances as stated in the accompanying affidavit, this Hon'ble Court may kindly be pleased to quash the Chargesheet No. 02 dated 05.01.2013 arising out of Case Crime No. 273/2012, under Sections 138 B of Indian Electricity Act (Amendment) 2003, Police Station Kunda, District Pratapgarh as well as order dated 20.06.2025 passed in Criminal Case No. 135/2013, State of U.P.Vs. Farooque pending in the court of Additional Session Judge E.C. Act Pratapgarh, in the interest of justice. It is further prayed that further proceeding of Criminal Case No. 135/2013, State of U.P.Vs. Farooque pending in the court of Additional Session Judge E.C. Act Pratapgarh contained as Annexure no 2 may kindly be stayed during the pendency of this petition." 3. At the very outset, on being confronted regarding provisions as envisaged under Section 152 of the Electricity Act, 2003 (in short "Act of 2003") read with Electricity Code, 2005, the learned counsel for the applicant says that the present application may be disposed of finally with liberty to the applicant to approach court/authority concerned for redressal of his grievances by moving an appropriate application(s) which includes the application under Section 152 of the Act of 2003 and also an application seeking benefit of the judgment passed by the Hon'ble Apex Court in the case(s) of Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 and Musheer Alam vs. State of Uttar Pradesh and Another, 2025 SCC OnLine SC 116 and an observation may be made regarding consideration and disposal of the said application(s) expeditiously. 4. Considering the aforesaid, the present application is disposed of with liberty, as prayed for. In case the applicant moves an application under Section 152 of the Act of 2003 and also the application in the light of the judgments, referred above, then the same shall be considered and decided by the court/authority concerned by means of a reasoned and speaking order, most expeditiously. 5. With the aforesaid, the instant application is disposed of. December 9, 2025 Arun/- Versus Counsel for Applicant(s) : Rajeev Yadav Counsel for Opposite Party(s) : G.A. (Saurabh Lavania,J.) Farooque .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others .....Opposite Party(s) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench