IRFAN @ MOHD. IRFAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS
A482/5517/2025 · 2025-07-14
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149911 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149911 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:39922 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5517 of 2025 Applicant :- Irfan @ Mohd. Irfan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Amrendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Amrendra Kumar, the learned counsel for the applicants as well as Sri Satendra Srivastava, the learned A.G.A.
2. By means of the present application under Section 482 Cr.P.C. the applicants have sought quashing of the impugned charge sheet dated 09.04.2025 as well as the summoning order dated 27.05.2025 passed by the Court of Addl. Session Judge- 04/Special Judge EC Act, Sitapur in Case No. 681 of 2025 arising out of Case Crime No. 247 of 2022, under Sections 138(1)(B) of Electricity Act at P.S.- Rampur Mathura, District- Sitapur on the ground that the applicant has been falsely implicated in the present case as a user of electricity whereas the service connection is not in the name of the applicant but in the name of his step mother Smt. Fatima. 3. Learned counsel for the applicant has submitted that although a notice under Section 41-A Cr.P.C. was issued to the applicant, it was not served upon him and yet the Investigating Officer has submitted a charge-sheet. A copy of the notice has been annexed with the application as Annexure No.7. In para-12 of the application it has been stated that the notice was improperly delivered to the wife of the applicant's step brother who is not authorized to accept notice on behalf of the applicant. 4. There may have been some irregularities in service of the
notice but there is no denial in the application that the notice received by wife of the applicant's step brother, has reached the applicant, the applicant has come to know about the notice and has annexed the same with the application. When the applicant has got knowledge of the notice under Section 41-A Cr.P.C., he ought to have responded to the notice and placed his version before the Investigating Officer. Even at this stage, the applicant has the opportunity to appear before the trial Court and place his version. As the alleged offence is the bailable offence, the applicant has no apprehension on being taken into custody. 5.
In these circumstances, this Court finds no good ground to interfere in the present application filed under Section 482 Cr.P.C.
6. Accordingly, the present application is dismissed. . (Subhash Vidyarthi,J.) Order Date :- 14.7.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench