Neutral Citation No. - 2025:AHC:139645 Court No. - 77 Case :- APPLICATION U/S 482 No. - 3662 of 2025 Applicant :- Rajendra Prasad Patel Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Pramod Kumar Singh,Yadvendra Yadav Counsel for Opposite Party :- Baleshwar Chaturvedi,G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Yadvendra Yadav, learned counsel for applicant, Sri Baleshwar Chaturvedi, Advocate assisted by Sri M.C.Chaturvedi, learned senior counsel appearing on behalf of Electricity Department and learned AGA. 2. This application has been preferred for seeking quashing of charge sheet dated 08.02.2024 and cognizance order dated 27.09.2024 in FIR dated 19.10.2023 in Case Crime no. 2391/2023 under Section 136 of Electricity Act (Amendment) 2003, PS- Anti-Power Theft Thana Hapur, District Hapur in Criminal Case no. 1028 of 2024 (State vs. Rajendra Prasad Patel). 3. The brief facts of the case are that opposite party no.2 lodged an FIR, being Case Crime no. 2391/2023, under Section 136 of the Electricity Act, 2003, against the applicant alleging that while laying underground gas pipeline, applicant damaged electric cable belonging to the electricity department. This incident allegedly caused a financial loss of Rs.40,00000/- to the department and disrupted the electricity supply. Following the registration of the FIR, the Investigating Officer conducted an inquiry and upon its conclusion, submitted charge sheet on 08.02.2024 against the applicant whereupon learned concerned court took cognizance of the offence vide order dated 27.09.2024 and summoned the applicant, leading to the filing of present petition. 4. Learned counsel for the applicant has assailed the chargesheet as well as summoning order on the legal ground that the applicant has been prosecuted under Section 136 of the Electricity Act, which pertains to theft of electricity lines and materials, however, as evident from the FIR itself, there is no allegation that the applicant stole any property belonging to the electricity department. Instead, the allegation is limited to causing damage amounting to Rs.40,00000/-, therefore, the offence alleged does not fall within the ambit of Section 136 of the Electricity Act. 5. Although, Sri Baleshwar Chaturvedi, Advocate assisted by Sri M.C.Chaturvedi, learned senior counsel appearing on behalf of Electricity Department and learned AGA opposed the prayer sought through the instant application but did not dispute the arguments as raised by learned counsel for applicant. 6. After considering the rival submissions advanced by the learned counsel for the parties, it is evident from the very narration in the FIR that there are hardly any specific allegations against the applicant which could attract the provisions of Section 136 of the Electricity Act, therefore, applicant cannot be compelled to undergo trial for commission of the said offence. 7. In view thereof, charge sheet dated 08.02.2024 and summoning order dated 27.09.2024 passed in Case Crime no. 2391/2023 under Section 136 of Electricity Act (Amendment) 2003, PS- Anti-Power Theft Thana Hapur, District Hapur in Criminal Case no. 1028 of 2024 (State vs. Rajendra Prasad Patel), are hereby set aside. 8. As regards the alleged damage of Rs.40,00000/- caused by the applicant to the electricity department is concerned, authorities of the electricity department will be at liberty to proceed afresh against applicant if required in the relevant sections of Electricity Act. 9. Accordingly, the instant application stands disposed of. Order Date :- 13.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad