Neutral Citation No. - 2025:AHC:135961 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 25457 of 2025 Applicant :- Kuldeep Yadav Opposite Party :- State Of U.P. And Another 2 Counsel for Applicant :- Ajaj Ahmad Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Mr. Akbar Ali, Advocate holding brief of Mr. Ajaj Ahmad, learned counsel for applicant and learned AGA. 2. This application has been preferred for seeking quashing of chargesheet dated 22.09.2020 and summoning order dated 04.07.2022 passed in Criminal Case No.1350 of 2022 (State Vs. Kuldeep Yadav), arising out of Case Crime No.264 of 2020, under Section 136 of Electricity Act, 2003, P.S. Ganga Nagar, District Meerut, pending in the court of learned Special Judge, Electricity Act, Meerut. 3. The brief facts of the case are that opposite party no.2 lodged an FIR, being Case Crime No. 264 of 2020, under Section 136 of the Electricity Act, 2003, against the applicant alleging that while operating a JCB machine for levelling a field on 28.08.2020, applicant damaged an electric pole belonging to the electricity department. This incident allegedly caused a financial loss of Rs.90,000/- to the department and disrupted the electricity supply. Following the registration of the FIR, the Investigating Officer conducted an inquiry and upon its conclusion, submitted charge sheet on 22.09.2020 against the applicant whereupon learned concerned court took cognizance of the offence vide order dated 04.07.2022 and summoned the applicant, leading to the filing of present petition. 4. Learned counsel for the applicant has assailed the chargesheet as well as summoning order on the legal ground that the applicant has been prosecuted under Section 136 of the Electricity Act, which pertains to theft of electricity lines and materials, however, as evident from the FIR itself, there is no allegation that the applicant stole any property belonging to the electricity department. Instead, the allegation is limited to causing damage amounting to Rs.90,000/-, therefore, the offence alleged does not fall within the ambit of Section 136 of the Electricity Act. 5. Although, learned AGA opposed the prayer sought through the instant application but did not dispute the arguments as raised by learned counsel for applicant. 6. After considering the rival submissions advanced by the learned counsel for the parties, it is evident from the very narration in the FIR that there are hardly any specific allegations against the applicant which could attract the provisions of Section 136 of the Electricity Act, therefore, applicant cannot be compelled to undergo trial for commission of the said offence. 7. In view thereof, chargesheet dated 22.09.2020 and summoning order dated 04.07.2022 passed in Criminal Case No.1350 of 2022 (State Vs. Kuldeep Yadav), arising out of Case Crime No.264 of 2020, under Section 136 of Electricity Act, 2003, P.S. Ganga Nagar, District Meerut, pending in the court of learned Special Judge, Electricity Act, Meerut, are hereby set aside. 8. As regards the alleged damage of Rs.90,000/- caused by the applicant to the electricity department, the same may be recovered from applicant by the department, if necessary, through due legal process. 9. Accordingly, the instant application stands allowed. Order Date :- 11.8.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad