Arvind Singh v. State of U.P. Thru. Prin. Secy. Home and Others

Court No. -10 Case :-CRIMINAL MISC. WRIT PETITION No. -7641 of 2023 Petitioner :-Arvind Singh Respondent :-State Of U.P. Thru. Prin. Secy. Home And Others Counsel for Petitioner :-Jayveer Rajput Counsel for Respondent :-G.A.,Aprajita Bansal Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J. The petitioner has served copy of the petition on learned counsel appearing for the Madhyanchal Vidyut Vitran Nigam Ltd. Heard learned counsel for the petitioner and learned A.G.A. for the State-respondents. This petition has been filed praying the following reliefs:-

(a) Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned first information dated

31.3.2021 vide case crime no. 433 of 2021 under Section 135 of the Electricity Act, lodged at Police Station-Anti Power Theft, District-Anti Power Theft Unnao as contained in Annexure-1 to this writ petition.

(b) Issue a writ, order or direction in the nature of mandamus commanding the opposite party not to harass, detain or prosecute the petitioner in pursuance of the impugned F.I.R. This Court is of the opinion that the petitioner has statutory remedy of filing representation before the Executive Engineer of the Distribution Division concerned under Section 152 of the Electricity Act. This writ petition is disposed of with a direction to approach the opposite party no. 6 by way of representation within two weeks from today. The petitioner shall complete all formalities as required for moving of such representation. The opposite party no. 6 shall take a decision on the representation of the petitioner within a period of six weeks. For a period of eight weeks or till the decision taken by the opposite party no. 6, whichever is earlier, the arrest of the petitioner shall remain stayed. Order Date :- 6.11.2023 Anuj Singh High Court of Judicature at Allahabad, Lucknow Bench