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RAKESH versus STATE OF U.P. AND ANOTHER

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 [2006] RD-AH 20849 (11 December 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

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.

List 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.

11.12.2006

Yachna/ Crl. M. App. No. 16266/06


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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