Neutral Citation No. - 2025:AHC:85258 Court No. - 84 Case :- APPLICATION U/S 482 No. - 37944 of 2024 Applicant :- Mandeep Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Diwakar Tiwari,Gyanendra Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant; Sri Dilip Kumar Shukla, counsel for the electricity department; learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 26.12.2023; cognizance/summoning order dated 22.08.2024 passed by the learned Judicial Magistrate/Civil Judge (J.D.), Banda in Criminal Case No.326/IX/2024 (State Versus Mandeep Tiwari) arising out of Case Crime No. 303 of 2023, Under Sections 332, 353, 506, 427 of I.P.C., Police Station Kotwali Dehat, District Banda, pending in the Court of learned Civil Judge (J.D.), Banda. 3. Counsel for the applicants submits that instant F.I.R. has been lodged with malicious intention as one F.I.R. has been lodged under Section 135 Electricity Act against the applicant and present one is the second F.I.R. Both the F.I.Rs. cannot run simultaneously. Counsel for the applicant raised second legal point that summoning order passed by the learned Magistrate is without application of judicial mind and the order was passed on printed proforma. The learned Magistrate has not applied judicial mind while taking cognizance against the applicant. He further submits that no prosecution could proceed against the applicant, in such circumstances. 4. Sri Dilip Kumar Shukla, Advocate on behalf of electricity department, submitted that two F.I.Rs have been registered against the applicant with regard to different incident. One is with regard to electricity theft and second was lodged against the applicant with regard to misbehavior attitude and informant's mobile has been snatched and thrown on the ground as a result his mobile phone display got broken. Thereafter, applicant threatened the informant. Learned A.G.A. has raised objection that the summoning by the learned Magistrate is just and proper and order has been passed after considering the material on record. Other submission raised by counsel for the applicant with regard to F.I.R. lodged against the informant by the consumer of electricity, is disputed question of fact which cannot be examined by this Court, at this stage. This Court under Section 482 Cr.P.C. has no power to examine the factual dispute of the matter. 5. Considered the argument raised by counsel for the parties. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicant. The summoning order passed by the learned Magistrate is just and proper as it has been passed after considering the entire facts and it is not on printed proforma. Two F.I.Rs. have been lodged by the opposite party no. 2 on different set of facts. 6. In view of the above, in the light of judgment of the Apex Court in the matters of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, Manik B. Vs. Kadapala Sreyes Reddy & Anr. 2023 LiveLaw (SC) 642, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283,, no ground for quashing the proceedings of the aforesaid case, is made out which may call for any interference by this Court in exercise of its inherent power under Section 482 Cr.P.C. 7. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed. Order Date :- 21.5.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad