Bechulal v. State of U.P. Thru. Secy. Deptt. of Home, Lucknow and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8157 of 2023 Petitioner :- Bechulal Respondent :- State Of U.P. Thru. Secy. Deptt. Of Home, Lucknow And Others Counsel for Petitioner :- Rajesh Kumar Singh Counsel for Respondent :- G.A.,Aprajita Bansal Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Karunesh Singh Pawar,J.

(1) Heard the learned counsel for the petitioner and the learned A.G.A. who appears for the Opposite party nos.1, 2 & 4.

(2) Counsel for the petitioner has impleaded the Madhyanchal Vidyut Vitran Nigam Limited (M.V.V.N.L.), as Opposite party no.3 in the array of the parties. Ms. Aprajita Bansal, appears for the Opposite party no.3.

(3) This petition has been filed by the petitioner for the following main prayer:- "1) To issue a writ, order or direction in the nature of Certiorari to quash the impugned First Information Report registered as F.I.R./Case Crime No.0908 of 2023, under Section 135 The Electricity (Amendment) Act, 2003, Police Station Anti Power Theft Thana, Raebareli, District Raebareli/ Anti Power Theft, dated 26.03.2023 lodged by the Opposite party no.5 against the petitioner which is contained as Annexure No.1 to this writ petition."

(4) She has pointed out that the petitioner has alternate remedy under Section 152 (2) of the Electricity Act, before the Executive Engineer of the Distribution Division concerned.

(5) This writ petition is finally disposed of with a direction to the petitioner to approach the Executive Engineer of the Distribution Division concerned by way of filing an application complete in all respects within two weeks from today. The Executive Engineer shall take appropriate decision after completion of all formalities within six weeks thereafter.

(6) For a period of eights weeks or till decision is taken by the Executive Engineer concerned, whichever is earlier, the petitioner namely Bechulal shall not be arrested in pursuance of the impugned F.I.R. vide F.I.R./Case Crime No.0908 of 2023, under Section 135 The Electricity (Amendment) Act, 2003, Police Station Anti Power Theft Thana, Raebareli, District Raebareli/ Anti Power Theft, dated 26.03.2023 subject to his full cooperation in the investigation. Order Date :- 19.10.2023 N.PAL High Court of Judicature at Allahabad, Lucknow Bench