Neutral Citation No. - 2025:AHC:81816 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 15760 of 2025 Applicant :- Pankaj Upadhyay Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Pankaj Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Pankaj Kumar Gupta, learned counsel for applicant and Sri Narendra Kumar Tiwari, learned counsel for opposite party no.2 as well as learned AGA for the State-respondent. 2. The present application under Section 528 B.N.S.S has been filed by applicant praying for quashing of chargesheet dated 07.03.2024 along with cognizance order dated 19.3.2025 as well as entire proceedings of Special S.T. No.107 of 2025 (State Vs Pankaj Upadhyay), arising out of Case Crime No.2155 of 2019, under Section 135-1(A) of the Indian Electricity Act, 2003, pending in the court of learned Special Judge (E.C. Act)/Additional District and Session Judge, Prayagraj. 3. In the instant matter, an FIR was lodged by O.P. no.2 against present applicant on 01.08.2021 wherein it has been alleged that on conducting raid, applicant was found using electricity illegally. After investigation, charge sheet was filed against applicant under Section 135(1)(A) of Electricity Act whereupon, learned court concerned took cognizance on 19.03.2025 which impugned the present application. 4. After arguing at some length, learned counsel for the applicant has drawn the attention of this Court to the certified copy of the FIR, filed as Annexure-4 to this application, and submitted that in the instant matter, raid was conducted by the officials of the Electricity Department at 2.00 PM on 09.07.2021 whereas the FIR has been lodged at 14:06 hours on 01.08.2021, which is clear cut violation of the second proviso to Section 135(1-A) of the Electricity Act, 2003, which provides for lodging FIR of such incident within twenty-four hour from the time of such disconnect. 5. Per contra, learned A.G.A. as well as learned counsel for opposite party no.2 opposed the application but they could not dispute about the delay in lodging of the FIR. 6. Keeping in mind the submissions advanced on behalf of learned counsel for the parties, Section 135(1A) of the Electricity Act, 2003 is being quoted hereinbelow for ready reference: "135-(1A) Without prejudice to the provisions of this Act, the licensee or supplier, as the case may be, may, upon detection of such theft of electricity, immediately disconnect the supply of electricity: Provided that only such officer of the licensee or supplier, as authorised for the purpose by the Appropriate Commission or any other officer of the licensee or supplier, as the case may be, of the rank higher than the rank so authorised shall disconnect the supply line of electricity: Provided further that such officer of the licensee or supplier, as the case may be, shall lodge a complaint in writing relating to the commission of such offence in police station having jurisdiction within twenty-four hours from the time of such disconnection:" 7. On bare perusal of the aforesaid section, it is evident that FIR in such cases have to be lodged within twenty-four hour from the time of such disconnect. In the present case, admittedly the raid was conducted by the officials at 2.00 PM on 09.07.2021 and although the FIR should have been lodged on the very next day i.e. 10-7-2021 but it was lodged after more than 21 days. Therefore, this Court is of the view that on this ground alone, the criminal proceedings initiated against the applicant, cannot be allowed to proceed. 8. In view of the aforesaid discussion, the instant application is allowed. Consequently, chargesheet dated 07.03.2024 along with cognizance order dated 19.3.2025 as well as entire proceedings of Special S.T. No.107 of 2025 (State Vs Pankaj Upadhyay), arising out of Case Crime No.2155 of 2019, under Section 135-1(A) of the Indian Electricity Act, 2003, pending in the court of learned Special Judge (E.C. Act)/Additional District and Session Judge, Prayagraj, are hereby quashed. Order Date :- 15.5.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad