Neutral Citation No. - 2025:AHC:73822 Court No. - 74 Case :- APPLICATION U/S 482 No. - 1980 of 2025 Applicant :- Bechu Ram Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anil Kumar,Birendra Kumar Gautam Counsel for Opposite Party :- G.A.,Pawan Kumar Mishra Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with the prayer to quash the charge sheet dated 29.12.2022 and summoning order dated 05.01.2024 passed by learned Additional District and Sessions Judge, Court No. 4 (Special Judge), Electricity Act, Mau including entire proceeding of Session Trial No. 41 of 2024 (State vs. Bechu) arising out of Case Crime no. 0090 of 2021 under Section 135 of Indian Electricity (Amendment) Act, 2003, PS- Anti Power Theft Mau, District Mau, pending in the court of learned Additional District & Sessions Judge, F.T.C.-I, Mau. 3. At the very outset, learned counsel for applicant contended that in pursuance to FIR registered against the applicant under Section 135 of Indian Electricity (Amendment) Act, 2003, learned court concerned took cognizance and summoned the applicant vide impugned order dated 05.01.2024 but from perusal of the same order, it transpires that the concerned court took cognizance on printed proforma which is not in compliance of Section 190 Cr.P.C and therefore the same is liable to be quashed. 4. Per contra, learned AGA vehemently opposed the prayer sought through the instant application but could not dispute the aforesaid facts. 5. After hearing the rival submissions extended by learned counsels for the parties and perusing the entire record along with cognizance/summoning order dated 05.01.2024, this Court finds that the impugned order dated 05.01.2024 has been passed by learned Additional District and Sessions Judge, Court No. 4 (Special Judge), Electricity Act, Mau without application of judicial mind and without complying mandatory provisions of Sections 190 Cr.P.C. Impugned order dated 05.01.2024 is purely on typed proforma which is not admissible in the eye of law and as such impugned order dated 05.01.2024 is hereby set aside. 6. However, this order will not preclude the learned court concerned to take fresh cognizance against applicant, in pursuance to strict procedure of law. 7. The instant application stands partly allowed accordingly. Order Date :- 7.5.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad