Neutral Citation No. - 2025:AHC:130172 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 26386 of 2025 Applicant :- Vivek Yadav Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Pankaj Kumar Mishra,Satyendra Narayan Singh Counsel for Opposite Party :- G.A.,Manu Ghildyal Hon'ble Saurabh Srivastava,J. 1. Heard Sri S.N.Singh, learned counsel for applicant, Sri Ishan Mishra holding brief of Sri Manu Ghildyal, learned counsel for Electricity Department and learned AGA for State. 2. Present application has been preferred with prayer to quash the entire proceeding of Case no. 1109 of 2024 (State vs. Vivek Yadav) arising out of Case Crime no. 1364 of 2021 under Section 138(1)(b) of Electricity Act, PS- Anti-Power Theft, District Etawah in charge-sheet no. 375 of 2024 dated 20.08.2024, pending in court of learned Special Judge (Essential Commodities Act) Etawah and further pleased to quash the cognizance/summoning order dated 25.10.2024 passed by learned Special Judge (Essential Commodities Act) Etawah in aforesaid case. 3. It is contended by learned counsel for applicant that applicant being meter reader in the electricity department has been falsely implicated in the present case. Entire proceeding has been initiated by opposite party no. 2/concerned Junior Engineer, Electricity Department only to save his own skin by way of alleging that applicant is involved in preparing incorrect bill of consumer thereby causing revenue loss to the Electricity Department. 4. Sri Ishan Mishra holding brief of Sri Manu Ghildyal, learned counsel for Electricity Department and learned AGA for State vehemently opposed the prayer sought through instant application. 5. After hearing rival submissions extended by learned counsels for the parties and perusing the records, this Court finds that entire argument raised by learned counsel for applicant regarding false implication, is subject matter of trial and cannot be adjudicated at this stage in proceeding u/s 528 BNSS and as such prayer sought through instant application is hereby refused. 6. Lastly, it is prayed by learned counsel for applicant, that applicant at least be permitted to appear before learned court concerned and avail whatever remedy available at law. 7. Considering, the said prayer, applicant is directed to appear before learned court concerned within three weeks from today and avail whatever remedy available at law. Till three weeks from today, no coercive action shall be initiated against the applicant. After the expiry of aforesaid period of three weeks, learned concerned court is directed to proceed as per law. 8. With the aforesaid observation, the application is disposed of. Order Date :- 1.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad