Neutral Citation No. - 2025:AHC:93966 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 19779 of 2025 Applicant :- Swatantra Kumar Opposite Party :- State Of U.P. And 2 Other Counsel for Applicant :- Firdos Ahmad,Saurabh Kumar Pal Counsel for Opposite Party :- Baleshwar Chaturvedi,G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant, learned A.G.A. for State and Sri Virendra Kumar Gautam, Advocate holding brief of Sri Baleshwar Chaturvedi, learned counsel for Electricity Department. 2. The instant application has been preferred for quashing the entire proceedings of Special Session Trial No.1142 of 2023 (State vs. Swatantra Kumar) arising out of Case Crime No.895 of 2020, under section 138(1)(b) of Electricity Act, P.S. Anti Power Theft Kannauj, District- Kannauj, pending in the court of learned Additional Session Judge/F.T.C.2/Special Judge (Electricity Act), Kannauj including the charge-sheet dated 18.02.2023 as well as cognizance/summoning order dated 25.09.2023. 3. It is the case of applicant that initially a first information report dated 30.11.2020 has been lodged against the applicant being Case Crime No.895 of 2020 in pursuance to sections 138(1)(b) of Electricity Act with an allegation that after disconnecting the connection of applicant by the Electricity Department with regard to due payment, he again illegally connected the cable with the light pole, wherein after conduction of detail inquiry, concerned investigating officer preferred charge-sheet dated 18.02.2023, whereupon cognizance of offence has been taken up by learned court concerned vide order dated 25.09.2023, which impugned the present application. 4. At the very outset, learned counsel for the applicant submitted that with regard to the instant matter, the concerned Electricity Department issued demand notice against the applicant on dated 12.07.2023 for the payment of Rs.6041/- in respect of electricity connection no.781711427632 over which the applicant had deposited the summon amount of Rs.2000/- as well as determined amount of Rs.6041 on dated 11.09.2023, the photocopy of payment receipts are collectively annexed as Annexure no.5 to the affidavit and as such the considering the above receipts, proceedings initiated against the applicant is liable to be set-aside. 5. Per contra, learned A.G.A. as well as learned counsel for Electricity Department vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicant on the ground that the payment receipts submitted by learned counsel for applicant is not related to the instant matter, hence the submission made by learned counsel for applicant is not acceptable and the prayer made by him is liable to be rejected. 6. After hearing rival submissions extended by learned counsel for parties and by bare perusal of the payment receipts, there is no scope to interfere in the impugned order as well as proceedings initiated against the applicant. 7. In view of aforementioned facts and circumstances, the instant application under section 528 BNSS lacks merit and is hereby dismissed. Order Date :- 30.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad