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Neutral Citation No. - 2025:AHC:34848 Court No. - 76 Case :- APPLICATION U/S 482 No. - 21629 of 2024 Applicant :- Raj Kumar Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Ravindra Kumar Counsel for Opposite Party :- G.A.,Manu Ghildyal Hon'ble Vinod Diwakar,J.
1. Heard Sri Ravindra Kumar, learned counsel for the applicant, Sri Ishan Mishra holding brief of Sri Manu Ghildyal, learned counsel for the Electricity Department, and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge sheet dated 24.05.2023, cognizance order dated 29.01.2024, and summoning notice dated 19.04.2024, passed in Case No.187 of 2024, arising out of Case Crime No.0085 of 2021, under Section 135-a(a) of the Indian Electricity Act (Amendment) 2003, Police Station Anti Power Theft, District Kanpur Dehat, pending in the court of Additional District Judge, Court No.4, Kanpur Dehat. 3. Learned counsel for the applicant contends that the applicant has been falsely implicated in the present case. It is submitted that the electricity connection was in the name of the applicant's father, and therefore, no liability can be fastened upon the applicant. 4. Per contra, learned counsel for the Electricity Department vehemently opposes the application and submits that during spot inspection, electricity theft was found, and the applicant was involved in the said illegal activity. The charge sheet was filed after due investigation, and sufficient material exists on record to
prosecute the applicant. 5. After carefully considering the rival submissions and perusing the material on record, it is evident that the question raised by the applicant involves disputed questions of fact, which can only be adjudicated upon by the trial court after appreciation of evidence. The inherent jurisdiction under Section 482 Cr.P.C. is not meant to substitute the trial or to appreciate evidence at this stage. 6. It is a settled proposition of law that the power under Section 482 Cr.P.C. should be exercised sparingly and with caution to prevent abuse of the process of the court or to secure the ends of justice. No sufficient ground has been made out by the applicant to quash the criminal proceedings at the pre-trial stage. 7. In view of the above discussions, the application lacks merit and is accordingly dismissed.
Order Date :- 10.3.2025 Jitendra Justice Vinod Diwakar Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad