Neutral Citation No. - 2025:AHC:61793 Court No. - 74 Case :- APPLICATION U/S 482 No. - 2633 of 2025 Applicant :- Sheru Hussain Alias Riyaz Hussain Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Abhijeet Mukherji Counsel for Opposite Party :- G.A.,Narendra Kumar Tiwari Hon'ble Saurabh Srivastava,J. 1. Heard Sri Abhijeet Mukherji, learned counsel for applicant and Sri Narendra Kumar Tiwari, learned counsel for opposite party no. 5/Electricity Department and learned AGA for State. 2. Present application has been preferred with the prayer to set aside the impugned charge sheet dated 17.07.2018, impugned cognizance and impugned summoning order dated 15.11.2019 and notice of impugned summons received on 17.10.2023 as well as entire proceedings in S.T. no. 3807 of 2019 passed by learned Additional Session Judge/Special Judge (E.C. Act), Prayagraj in Case Crime no. 197 of 2018 under Section 135 Electricity Act, PS- Kareli, District Prayagraj. 3. Learned counsel for applicant submitted that FIR has been lodged bearing Case Crime no. 197 of 2018 under Section 135 Electricity Act against applicant and other accused persons with the allegation that all the accused persons are unauthorisedly using electricity by way of illegal connection (katiya). After conclusion of investigation, charge sheet has been submitted and cognizance order dated 15.11.2019 has been passed against applicant which has been challenged through the instant application. 4. It is contended by learned counsel for applicant that the address of applicant mentioned in the FIR is not the real address whereas applicant is resident of some other address and as such FIR has been lodged upon a mistaken identity hence the entire proceeding is liable to be quashed. 5. Sri Narendra Kumar Tiwari, learned counsel for opposite party no. 5/Electricity Department as well as learned AGA for State vehemently opposed the prayer sought through instant application and submitted that cognizance has already been taken up in the instant matter and the ground of mistaken identity raised by applicant is entirely subject matter of trial. 6. After hearing the rival submission extended by learned counsels for the parties and perusing the records, this Court finds that ground raised by learned counsel for applicant regarding mistaken identity is factual dispute which can only be adjudicated at the stage of trial based on evidence and cannot be conclusively determined in proceedings under Section 482 Cr.P.C. 7. In the instant case, no sufficient ground have been made out to invoke the extraordinary jurisdiction of this Court under Section 482 Cr.P.C. 8. In view of the foregoing, the application under Section 482 Cr.P.C is devoid of merits and is accordingly dismissed. Order Date :- 23.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad