1 Neutral Citation No. - 2025:AHC:66749 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 12078 of 2025 Applicant :- Santosh Gupta Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Manoj Kumar Singh,Sarvesh Kumar Singh Counsel for Opposite Party :- Chetan Chatterjee,G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant; learned AGA for State-respondents and Sri Chetan Chatterjee, learned counsel for the Electricity Department / informant. 2. Present application has been filed for quashing the summoning order dated 13.05.2024 as well as other consequential orders passed by Additional Sessions Judge, Ballia / Special Judge (E.C. Act), Ballia in Special Case No.511 of 2024, (State of U.P. versus Santosh Gupta), arising out of Case Crime No.67 of 2021, under Section 135 of the Electricity Act, 2003, Police Station Anti Power Theft, Thana Ballia, District Ballia as well as entire proceedings of this criminal case, pending before the Additional Sessions Judge / Special Judge (E.C. Act), Ballia. 3. In pursuance of earlier order, Sri Kailash Kumar Rao, Junior Engineer, Purvanchal Vidyut Vitran Nigam Ltd. Ballia as well as Inspector Sri Santosh Kumar Yadav, Investigating Officer in Case Crime No.67 of 2021, put their appearance in person before this Court. 4. In respect of description mentioned at page no.66 of the paper book which is part of the Case Diary No.3 which is 2 specifically with regard to C.D. of the videography from the informant but he replied that the same had already been submitted before the court concerned. Sri Kailash Kumar Rao, Junior Engineer, Purvanchal Vidyut Vitran Nigam Ltd. Ballia who appeared in person and submitted that no C.D. has ever been submitted before learned concerned court. 5. In respect of illegal connection attached from the electricity pole through cable has also never provided to the concerned Investigating Officer, rather the same was never ever demanded from the informant i.e. Sri Kailash Kumar Rao, Junior Engineer. 6. At the time of preparing inspection memo, description of the property / campus available at IV (2) mentioned as 'Katra', word Katra has been informed stands for shop which is having a shutter from one side of four walls but at the same time it is also informed by the concerned Investigating Officer as well as Sri Kailash Kumar Rao, Junior Engineer there were five shops which were having one ceiling fan each and five LED bulbs each along-with two inverters and total load assessed under commercial category mentioned in the inspection memo is near about 2 KW. 7. Conduction of the investigation over the information preferred at the behest of Junior Engineer, Purvanchal Vidyut Vitran Nigam Ltd. Ballia, the entire investigation has been carried out only on three dates which is apparent from the case diary nos. 1, 2 and 3 on dated 27.01.2021, 26.10.2023 and thereafter 25.12.2023 only, it is apparent from the case diary that on the first date only the FIR has been entered and 3 made a part of case diary part no.1 and after the gap of near about 2 years and 9 months, only a telephonic call has been made by the Investigating Officer to the informant and after the gap of 2 months all the statements has been recorded and charge sheet has been preferred. 8. The action carried out by the Junior Engineer being the informant and Inspector, Sri Santosh Kumar Yadav (Inquiry Officer in Case Crime No.67 of 2021) seems to be only fulfilling the formalities in respect of discharging their duties and the implication of the applicant in respect of Section 135 of the Electricity Act has been taken as a normal course of action for closing the matter and putting the entire things in the table of learned court concerned whereupon in the most mechanical manner cognizance of offence in pursuance of Section 135 of the Electricity Act has been taken up by learned court concerned. 9. 9. Informant, Inquiry Officer and the learned court concerned are equally knitted in a same thread for proceeding with the trial but at the same time it is most pathetic to disclosing black and white that responsibility which ought to be delivered and catered by Sri Kailash Kumar Rao, Junior Engineer, Purvanchal Vidyut Vitran Nigam Ltd. Ballia as well as Inspector, Sri Santosh Kumar Yadav is nothing but the the crystal clear case of dereliction of duty as well as misuse of the power and position interested as per the statute which has to be taken into notice at some level, unfortunately the same has not been done at the level of Section 190 Cr.P.C. which was available before the learned court concerned but at the time of 4 challenging the entire proceeding Sri Manoj Kumar Singh, learned counsel appearing on behalf of the applicant apprise the entire illegal proceeding carried out by the prosecution, wherein, informant and Investigating Officer is part and parcel of the same and as such this Court feels that process of law may not be permitted to misuse specially from the hands which has been empowered by the legislation in shape of statutory duty available as per the procedure. 10. In the instant matter, the action of the informant who conducted raid / inspection, wherein, prima-facie case of electricity theft has been reported but essential ingredients to proceed against the actual person who might have involve in electricity theft which is directly connected with the society at large since the normal citizen of the country is paying from their hard core earned money from utilizing electricity in the shape of electricity bills but at the same time some persons were illegally using the electricity by way of using illegal methods in the shape of electricity theft but at the same time it is the duty of the concerned responsible authorities of the department to frame proper case against the real culprits but no in the manner as in the case it is reflected by learned counsel appearing for the applicant, perhaps the intention of the responsible officers / officials of the Electricity Department may be in the nature of controlling in regulating the electricity supply in the proper manner but the responsibility which has been extended to the officers like informant / Sri Kailash Kumar Rao, Junior Engineer, Purvanchal Vidyut Vitran Nigam Ltd. Ballia and thereafter the careless investigation carried out by Inspector, Sri Santosh Kumar Yadav is an example where 5 the actual culprit is out of clutch and the innocent person has been dragged into criminal litigation which is also apparent from the data that a majority of the matter the cases related to the electricity theft either the proceedings have been dropped in presence of Section 152(2) of the Electricity Act or the implicated persons have been exonerated after completion of trial on the basis of the lapses and the latches while institution of case as well as conduction of inquiry. 11. 11. In view of the aforementioned facts and circumstances and the certain statements received from Sri Kailash Kumar Rao, Junior Engineer, Purvanchal Vidyut Vitran Nigam Ltd. Ballia as well as the then Inquiry Officer, Inspect, Sri Santosh Kumar Yadav there is hardly any case may doubt in pursuance to information registered at Case Crime No.67 of 2021 along-with conduction of inquiry which culminated to charge sheet dated 29.12.2023 whereupon cognizance of offence has been taken up by learned court of Additional Sessions Judge / Special Judge (E.C. Act), Ballia and as such the trial proceeding arising out of Case Crime No.67 of 2021 is hereby set aside. 12. The instant application stands allowed. 13. However, the Managing Director, Purvanchal Vidyut Vitran Nigam Ltd. Varanasi is hereby directed to call proper explanation from Sri Kailash Kumar Rao, Junior Engineer, presently posted at Ballia that under which circumstances due formalities have not been performed at the time of inspection. It is also directed to the Director General of Police, State of U.P. to call proper explanation from the Inspector, Sri Santosh Kumar Yadav, the then investigating Officer in Case Crime 6 No.67 of 2021, under Section 135 of the Electricity Act, 2003, Police Station Anti Power Theft, Thana Ballia, District Ballia that under which circumstances without conducting fair investigation in shape of without receiving material evidence, charge sheet has been preferred. 14. Registrar (compliance) High Court, Allahabad is hereby directed to ensure service of this order upon the Managing Director, Purvanchal Vidyut Vitran Nigam Ltd. Varanasi and the Director General of Police, State of U.P. within ten days for strict compliance. Order Date :- 29.4.2025 I.A.Siddiqui Digitally signed by :- IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad