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2025 DAILYLAW 80469 (ALL)

PRAVENDRA KUMAR v. STATE OF U.P. AND 2 OTHERS

A482/25449/2024 · 2025-04-07

Saurabh Srivastava

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Judgment text

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Neutral Citation No. - 2025:AHC:50602 Court No. - 74 Case :- APPLICATION U/S 482 No. - 25449 of 2024 Applicant :- Pravendra Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Omar Zamin,Sudhanshu Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant, Sri Sumit Kumar Singh, Advocate holding brief of Sri Gaurav Tripathi, learned counsel for opposite party no. 2 and learned AGA for the State-respondent. 2. This application under section 482 Cr.P.C. has been preferred to quash the impugned charge-sheet dated 06.09.2024 as well as cognizance order dated 18.03.2015 including the entire proceedings of Case No. 528 of 2015 (State vs. Pravendra Kumar) arising out of Case Crime No. 398 of 2014, under section 135 of Electricity Act, 2003, P.S. Shahganj, District-Agra, pending in the court of learned Special Judge (E.C. Act), Agra as well as to stay the further proceedings of abovementioned case. 3. Brief facts of the case is that an FIR was lodged by the informant on 19.06.2014 alleging therein that a power line was illegally used for electricity theft which was in the name of consumer Radhey Shyam. Thereafter, the investigating officer has conducted the investigation and after conducting detailed investigation, submitted a chargesheet dated 06.09.2024 only against applicant Pravendra Kumar under section 135 of Electricity Act, 2003. 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. It is further stated that an FIR was registered against one Radhey Shyam whereas name of Radhey Shyam was removed and chargesheet was submitted only against present applicant. It is further contended that the story developed by the informant appears to be false and malicious, therefore the impugned charge-sheet dated 06.09.2024 submitted by concerned investigating officer and the cognizance order dated 18.03.2015 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. Order Date :- 8.4.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad