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2025 DAILYLAW 178978 (ALL)

PAWAN KUMAR KHATRI @ PANKAJ KUMAR KHATRI @ PANKAJ KUMAR TANDON v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

A482/9840/2025 · 2025-12-10

Rajeev Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9840 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J. 1. Heard. 2. This application has been filed with the following prayer:- "To quash the entire criminal proceedings of Case No.301/2023 (State V/s Pawan Kumar Khatri) arising out of Case Crime No.0111/2020, under section 138(1)(b) Electricity Act, 2003, P.S. Anti Power Theft Station Amethi, District- Amethi and the Charge-Sheet No.01/2022 dated 09.11.2022 and summoning order dated 23.08.2023." 3. Learned counsel for the applicant submits that on the basis of incorrect facts, the F.I.R. of the case in question was lodged. He further submits that on 15.05.2020, no disconnection exercise was done by the officials of power corporation. He next submits that there is no evidence in the entire case diary in relation to the permanent disconnection, even then, the charge-sheet was submitted by the Investigating Officer in the most mechanical manner, hence, indulgence of this Court is required. 4. Learned A.G.A. vehemently opposes the prayer of the applicant and submits that the F.I.R. was challenged by the applicant before this Court, in which, protection was granted till filing of the police report, and some assessment was also passed by authorities. He further submits that the statement of the applicant cannot be considered at this stage, hence, the petition is liable to be dismissed. Versus Counsel for Applicant(s) : Suresh Kumar Upadhyay Counsel for Opposite Party(s) : G.A. Pawan Kumar Khatri @ Pankaj Kumar Khatri @ Pankaj Kumar Tandon .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 5. Considering the submissions of learned counsel for the parties and perusing the record, it is evident that the evidence collected by the Investigating Officer cannot be examined at this stage. 6. With the above observations, the application, being misconceived, is dismissed. 7. However, It is open to the applicant to move discharge application at the appropriate stage and in case such application is moved, same shall be considered and decided by a reasoned and speaking order. December 10, 2025 Arpan A482 No. 9840 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench