Neutral Citation No. - 2025:AHC:14101 Court No. - 76 Case :- APPLICATION U/S 482 No. - 27174 of 2024 Applicant :- Ganga Prasad Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Subhash Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State-respondent, learned counsel for the Electricity Department, and perused the record. 2. The present application has been filed seeking quashing of the charge sheet dated 07.12.2023 and the entire proceedings of Sessions Case No. 161 of 2021, titled State v. Ganga Prasad, arising out of Case Crime No. 161 of 2021, registered under Section 135 of the Electricity Act, Police Station- Anti Power Theft Karwi, District Chitrakoot, pending before the learned Special Judge (Electricity Act)/FTC, Chitrakoot, District Chitrakoot. 3. Learned counsel for the applicant contends that the summoning order dated 03.04.2024 is legally unsustainable in light of Section 468(2)(c) of the Cr.P.C. The applicant has been arrayed as an accused under Section 135 of the Electricity Act, wherein the alleged offence is stated to have occurred on 10.02.2021. The charge sheet was filed on 07.12.2023, and the impugned summoning order was passed on 03.04.2024. He further submits that the maximum punishment prescribed under Section 135 of the Electricity Act is three years, and as per Section 468(2)(c) Cr.P.C., cognizance must be taken within three years from the date of the offence in cases where the maximum prescribed punishment is three years. 4. Learned A.G.A. does not dispute the factual submissions made by the applicant's counsel. 5. Upon perusal of the record, it is evident that the date of offence is 10.02.2021, whereas cognizance was taken on 03.04.2024, which is beyond the statutory limitation period prescribed under Section 468(2)(c) Cr.P.C. 6. In view of the aforesaid facts and legal position, the cognizance order dated 03.04.2024 is bad in law and is accordingly quashed. 7. Consequently, the present application stands allowed. Order Date :- 27.1.2025 Anil K. Sharma Justice Vinod Diwakar Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad