Disposed

Waseem Ahmad @ Waseem Akram v. Stata of U.P. Thru. Prin. Secy. Home Lko. and Others

Allahabad HC2 Sept 2024/7252/2024

Case brief

AI extract

What is this about?

In this application under Section 482 CrPC, the applicant sought quashing of proceedings and a summoning order relating to an offence under the Electricity Act, 2003. The Court, noting duly available statutory remedies, disposed of the application while permitting the applicant to approach concerned authorities.

What did the court decide?

Application disposed of with liberty to approach authorities under Sections 126 and 152-A of the Electricity Act, 2003.

Waseem Ahmad @ Waseem Akram Vs Stata… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:60080

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 7252 of 2024 Applicant :- Waseem Ahmad @ Waseem Akram Opposite Party :- Stata Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Applicant :- Shyam Bahadur Counsel for Opposite Party :- G.A.,Aprajita Bansal

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Hon'ble Saurabh Lavania,J.

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Heard Sri Shyam Bahadur, learned counsel for the applicant, Ms. Aprajita Bansal, Advocate alongwith Ms. Gursimran Kaur, Advocate for the opposite party No. 2/Madhyanchal Viddyut Vitran Nigam U.P., Lucknow and perused the record.

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Present application has been filed for the following main relief:-

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"WHEREFORE it is most respectfully prayed that this Hon'ble court may kindly be pleased to quash the entire proceeding of the case S.S.T. No.513/2024, State Versus Waseem Ahmad and summoning order dated 28-02-2024 passed by the Hon'ble A.C.J.M. Court No.4, Unnao, alongwith chargesheet no.01 dated 12-042023 submitted by the police of P.S. concern in case crime No. 1642/2020 under section-135 Indian Electricity Act, Police Station Anti Power Theft Unnao, pending before the A.C.J.M. Court No.4, Unnao in the interest of justice."

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Sri Anil Kumar, Executive Engineer, Madhyanchal Viddyut Vitran Nigam, Unnao, U.P. is present in terms of earlier order of this Court dated 27.08.2024.

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Ms. Bansal, on the basis of instructions received, stated that the case of the applicant would be dealt with strictly in terms of procedure prescribed under Section 126 of the Electricity Act, 2003 (in short "Act of 2003") so far as it relates to assessment and in relation to the offence indicated under Section 135 of the Act of 2003 the applicant is having remedy as indicated under Section 152-A of the Act of 2003.

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Taking note of aforesaid as also the facts of the present case, instant application is disposed of with liberty to applicant to approach concerned authority to avail the remedy provided under Section 152-A of the Act of 2003 as also the remedy available under Section 126 of the Act of 2003, which shall be considered strictly in accordance with law.

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With the aforesaid, the instant application is disposed of.

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Order Date :- 2.9.2024 Vinay/-

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Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Waseem Ahmad @ Waseem Akram v. Stata of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

What is this about?

What did the court decide?

Waseem Ahmad @ Waseem Akram v. Stata of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

What is this about?

What did the court decide?

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