Neutral Citation No. - 2025:AHC:143536 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 30395 of 2025 Applicant :- Tara Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Agnivesh,Jadu Nandan Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Agnivesh, learned counsel for applicant, Sri Baleshwar Chaturvedi, learned counsel for Electricity Department and learned AGA for State. 2. Present application has been preferred with prayer to quash entire proceedings of Special Session Case no. 182 of 2020 arising out of Case Crime no. 404 of 2019 under Section 135 Electricity Act, PS- Gursahaiganj, District Kannauj pending in court of Special Judge (Electricity Act)/Additional Session Judge-V, Kannauj as well as charge sheet dated 02.09.2019 submitted by Investigating Officer and cognizance dated 27.02.2020. 3. At the very outset, learned counsel for the applicant submitted that the applicant is nowhere concerned in respect of the premises which has been raided by Electricity Department and the applicant has been implicated in pursuance to Section 135 of Electricity Act, 2003, whereupon detailed investigation has been conducted which culminated into preferring charge sheet whereupon cognizance of offence has been taken up by learned concerned court. 4. Once the premises has been disputed to belong to applicant, the same aspect has not been dealt at the time of conducting investigation. It is the submission extended by learned counsel for the applicant that the dhaba (restaurant) pertains to one Rani Devi and whatsoever action is warranted to be taken up by Electricity Department is against Rani Devi and the applicant was only rendering his services as a labourer in the said premises and at present he has already left the said job and for livelihood at present is residing at Bilhour, Kanpur. 5. Sri Baleshwar Chaturvedi, learned counsel for Electricity Department and learned AGA for State although vehemently opposed the prayer sought through instant application but could not dispute the aforesaid arguments. 6. Be that as it may, if the applicant surrenders before learned court concerned for seeking discharge, the same shall be considered on the basis of the investigation report as well as rival submissions by prosecution. No ground is made out through instant application for quashing entire proceeding arising out of Case Crime no. 404 of 2019. The discharge application be preferred at the behest of applicant within three weeks from today. Till three weeks from today, no coercive action shall be initiated against the applicant. 7. The application u/s 528 BNSS stands disposed of accordingly. Order Date :- 20.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad