Manish Kumar Jaiswal @ Manish Jaiswal vs State Of U.P. Thru. Prin. Secy. Home Lko. ...
2025 Latest Caselaw 12058 ALL

Allahabad High Court

Manish Kumar Jaiswal @ Manish Jaiswal vs State Of U.P. Thru. Prin. Secy. Home Lko. ... on 3 November, 2025

Author: Saurabh Lavania

Bench: Saurabh Lavania

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


Neutral Citation No. - 2025:AHC-LKO:68680
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
LUCKNOW 
 
APPLICATION U/S 482 No. - 8909 of 2025   
 
   Manish Kumar Jaiswal @ Manish Jaiswal    
 
  .....Applicant(s)   
 
 Versus  
 
   State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Girish Kumar Pande, Manoj Kumar Dwivedi, Prashant Pandey   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
G.A., Aprajita Bansal   
 
     
 
 Court No. - 13
 
   
 
 HON'BLE SAURABH LAVANIA, J.     

1. 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.

2. 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."

3. 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 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.

(Saurabh Lavania,J.)

November 3, 2025

Arun/-