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2025 DAILYLAW 103385 (ALL)

ZEESHAN MUSTAFA ALIAS ZEESHAN MUSTAFA QUADRI v. STATE OF U.P. AND ANOTHER

A482/33921/2024 · 2025-03-20

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:41530 Court No. - 74 Case :- APPLICATION U/S 482 No. - 33921 of 2024 Applicant :- Zeeshan Mustafa Alias Zeeshan Mustafa Quadri Opposite Party :- State of U.P. and Another Counsel for Applicant :- Osama Qamar Siddiqui,Qamrul Hasan Siddiqui,S.M. Muzammil Mahmood Counsel for Opposite Party :- Chetan Chatterjee,G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. The instant application under section 482 Cr.P.C. has been preferred with a prayer to quash the charge-sheet no.01 of 2022 dated 03.06.2022, cognizance taking order dated 09.11.2022 as well as the entire proceedings of Case No.981 of 2022 (State of U.P. vs. Zeeshan Mustafa @ Zeeshan Mustafa Quadri) arising out of Case Crime No.845 of 2020, under section 135 of Electricity Act, 2003, P.S. Anti Power Theft, District Mau, pending in the court of learned Additional Session Judge, F.T.C.-1/Special Judge (Electricity Act), Mau. 3. At the very outset, learned counsel for the opposite party apprised this Court that applicant is in the knowledge of notice dated 09.10.2020, through which objections were invited, but the same opportunity has not been availed by the applicant, even after from the date of knowledge of letter dated 09.10.2020. 4. Be that as it may, without interfering into the merits of matter, if in case applicant intended to prefer the objection within one month, the same shall be decided in pursuance to section 152 of Electricity Act, wherein certain offences are under the category of cognizable offences. 5. However, it is made clear that no coercive action shall be initiated against the applicant for one month from today, i.e., till filing objection in pursuance to letter dated 09.10.2020. 6. If the same will not be filed within time, interim protection granted to the applicant shall automatically vacated. 7. The instant application under section 482 Cr.P.C. stands disposed of accordingly. Order Date :- 21.3.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad