HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34529 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Vaibhav Gupta, learned counsel for applicant and Sri Shardool Agrahari, Advocate holding brief of Sri Abhishek Srivastava, learned counsel appearing on behalf of Electricity Department as well as learned AGA. 2. Present application has been preferred with the prayer to quash chargesheet dated 29.01.2025 and cognizance/summoning order dated 08.07.2025 passed in Case No.39 of 2025 (State Vs. Pankaj Kumar Sharma), arising out of Case Crime No.6655 of 2023, under Section 136 of Indian Electricity Act (Amended 2003), P.S. Anti Power Theft Gautam Budh Nagar, District Gautam Budh Nagar, pending in the court of learned Additional District and Sessions Judge-III, Gautam Budh Nagar. 3. While challenging the impugned chargesheet along with cognizance/summoning order, learned counsel for applicant has contended that learned court concerned took cognizance and summoned the applicant vide impugned order dated 08.07.2025 on printed proforma which is not in compliance of Section 190 Cr.P.C and therefore the same is liable to be quashed. 4. Although, learned counsel for opposite parties vehemently opposed the prayer sought through the instant application but could not dispute the aforesaid facts. 5. After hearing the rival submissions extended by learned counsels for the parties and perusing the entire record along with cognizance/summoning Versus Counsel for Applicant(s) : Vaibhav Gupta Counsel for Opposite Party(s) : Abhishek Srivastava, G.A. Pankaj Sharma Alias Pankaj Kumar Sharma .....Applicant(s) State of U.P. and Another .....Opposite Party(s) order dated 08.07.2025, this Court finds that the same has been passed by learned court concerned on a printed proforma without application of judicial mind and without complying mandatory provisions of Sections 190 Cr.P.C which is not admissible in the eye of law and as such impugned order dated 08.07.2025 is hereby set aside. 6. Matter is hereby remitted back to learned court of Additional District and Sessions Judge-III, Gautam Budh Nagar to pass fresh order of taking cognizance against applicant, if required, in strict procedure of law. 7. The instant application stands partly allowed accordingly. September 24, 2025 Vivek Kr. NA528 No. 34529 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad