High Court of Judicature at Allahabad
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Rakesh v. State Of U.P. And Another - APPLICATION U/s 482 No. 16266 of 2006  RD-AH 20849 (11 December 2006)
Hon'ble Vijay Kumar Verma, J.
Heard Sri L. K. Pandey, learned counsel for the applicant and learned A.G.A. and has also perused the record.
The main submission made by the learned counsel for the applicant is that the prosecution of the applicant on the basis of chargesheet submitted by the police is unwarranted in law and under Indian Electricity Act to prosecute the person for the offence under Section 135, the complaint should be filed by the appropriate authority.
Let notice be issued to the opposite party No. 2 to file counter affidavit within a period of four weeks from today.
Rejoinder affidavit may be filed within two weeks thereafter.
Till the date of listing, further proceedings of case No. 24 of 2006 (State versus Rakesh) under Section 135, Indian Electricity Act, P.S. Saiya, District Agra shall remain stayed.
Yachna/ Crl. M. App. No. 16266/06
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