Neutral Citation No. - 2025:AHC:38560 Court No. - 74 Case :- APPLICATION U/S 482 No. - 23020 of 2024 Applicant :- Balram Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ansar Ahmad,Sandhya Chaturvedi Counsel for Opposite Party :- G.A.,Manu Ghildyal Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant and learned AGA for the State-respondent. 2. The instant application has been preferred with following prayers:- "(i) to allow the present application and quash the impugned charge sheet dated 18.10.2016 as well as entire proceeding of Case No. 563 of 2017, State Versus Balram Singh, Case Crime No. 457 of 2016, Under Section 135 of Indian Electricity Act (Amendment) 2003, Police Station Mangalpur, District Kanpur Dehat pending in the Court of ADJ, Court No. 4, District Kanpur Dehat. (ii) to stay the further proceeding of Special Case No. 563 of 2017, State Versus Balram Singh, Case Crime No. 457 of 2016, Under Section 135 of Indian Electricity Act (Amendment) 2003, Police Station Mangalpur, District Kanpur Dehat pending in the Court of ADJ, Court No. 4, District Kanpur Dehat." 3. Brief facts of the case is that an FIR was lodged by the informant on 03.09.2016 alleging therein that on 29.08.2016, on direction of higher authorities the informant and other employees of Electricity Department have started investigating the theft of electricity wherein the applicant was found for electricity theft by adding illegal electricity connection in the LD line. When inquired, the applicant has not produced any documentary evidence regarding the electricity connection. Thereafter, the investigating officer has recorded the statement of the informant as well as the independent witnesses and submitted a charge sheet dated 18.10.2016 against the applicant in which the learned concerned court has taken cognizance on the charge sheet and summoned the applicant on 13.01.2017 but the applicant has no knowledge about the case proceeding neither he has received any summon or notice sent by the learned concerned court and the learned concerned court vide its order dated 25.04.2024 issued non-bailable warrants against the applicant. 4. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the instant case. The applicant has not used any illegal connection of electricity neither he has theft the electricity in his house. It is further stated that the applicant is a farmer and he is having legal connection from the electricity department on 16.03.2015. It is further contended that story developed by the informant appears to be false and malicious, therefore the impugned charge-sheet dated 18.10.2016 submitted by concerned investigating officer and the cognizance/summoning order dated 13.01.2017 passed by learned concerned court are totally illegal, arbitrary and against the material available on record and as such the above proceedings initiated against the applicant may be quashed. 5. Per contra, learned AGA for the State vehemently opposed the prayer as made in the application and submitted that after conducting detailed inquiry, chargesheet has been submitted by the concerned investigating officer whereupon considering the material on record, learned concerned court taken cognizance and as such, there is no illegality in the order impugned. 6. After having the rival submissions of learned counsel for parties and perusal of the material available on record, it appears that the concerned court after perusal of the charge sheet and other materials which had been submitted along with the same and on the basis thereof had held that there was sufficient material to take cognizance and as such I find no infirmity, specifically with regard to the prayer as made in the application. 7. In view thereof, the application lacks merit and is hereby dismissed. 8. However, it is made clear that the applicant is directed to appear before the learned court concerned in pursuance to non-bailable warrant issued on dated 25.04.2024 within one month from today. Till one month from today, no coercive action shall be initiated against the applicant. After the expiry of aforesaid period of one month, learned concerned court is directed to proceed as per law. Order Date :- 18.3.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad