Manish Kumar Jaiswal @ Manish Jaiswal v. State Of U.P. Thru. Prin. Secy. Home Lko. And 2
Case at a glance
Outcome
Disposed of
Considering the aforesaid, the present application is disposed of with
Provisions considered
- Electricity Act, 2003 s. 152
Key paragraphs
- Para 55. With the aforesaid, the instant application is disposed of. November 3, 2025 Arun/- (Saurabh Lavania,J.) ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench
Judgment
Heard learned counsel for the applicant, learned AGA for the State of U.P. and Ms. Gursimran Kaur, Advocate holding brief of Ms. Aprajita Bansal, learned counsel appearing for the respondent No. 2/Madhyanchal Vidyut Vitran Nigam Ltd. (in short "MVVNL") as well as perused the record.
The instant application has been preferred seeking following main relief(s):- "a) Wherefore it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned charge-sheet and summoning order dated 27.08.2025 and further consequential proceedings passed in FIR No. 1349/2022, Under Section-135 Electricity Act, 2003, Police Station-Anti Power Theft Sitapur pending in the Court of 4th Additional Session Judge/ Special Judge (E.C. Act), Sitapur placed as Annexure No. 1 and 2 to this petition in the interest of justice. b) It is further prayed that in the meantime the proceeding of the impugned FIR No. 1349/2022, Under Section-135 Electricity Act, 2003, Police Station-Anti Power Theft Sitapur pending in the Court of 4th Additional Session Judge/Special Judge (E.C. Act), Sitapur may kindly be stayed till the disposal of the petition in the interest of justice. "
On being pointed out by Ms. Gursimran Kaur, learned counsel appearing for respondent/MVVNL 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 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 2 A482 No. 8909 of 2025 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.
Operative part
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.
With the aforesaid, the instant application is disposed of. November 3, 2025 Arun/- (Saurabh Lavania,J.) ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Considering the aforesaid, the present application is disposed of with
Which statutory provisions did this judgment involve?
Electricity Act, 2003 — s. 152.
Precedent status how later indexed judgments have treated this case
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