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Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the U.P. Power Corporation and perused the record. The present application under Section 482 Cr.P.C. has been filed with the following main relief(s) :- WHEREFORE, it is, most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned Charge Sheet dated 23.05.2023 and Supplementary charge sheet dated 29.11.2024 and the order dated 05.12.2024 passed by Additional District and Session Judge, Room no. 4/Special Judge (E.C. Act), Lucknow in criminal case no. 689 of 2020 by means of which cognizance has been taken and applicant has been summoned for the offence Under Section -135 of the Electricity Act contained in ANNEXURE NO.1, 2 and 3. It is further prayed that this Hon'ble Court may kindly be pleased to stay the entire further proceedings of Criminal Case arising out of Case crime no. 689/2020 Police Station -Anti Power Theft, District Lucknow till the pendency of this application, such other orders deemed fit and proper in the circumstances of the case and render justice may also be passed." Taking note of the pleadings and submissions advanced by learned counsel for the applicants, on the basis of Circular Letter No.361/Mu.AA.(Vaa.- I)/Raid Ikai/Pakali/2013 dated 04.10.2018, issued by the Managing Director, UPPCL, Shakti Bhawan, Lucknow, this Court is, prima facie, of the view that the F.I.R. lodged against the applicant is not sustainable and as such the proceedings based upon the same are also not sustainable in the eyes of law. In view of the aforesaid, this Court is of the view that the matter requires consideration. Let counter affidavit be filed within four weeks. Two weeks' time thereafter is allowed to the applicants to file rejoinder affidavit. List thereafter. Till the next date of listing, the proceedings in issue, shall remain stayed qua the applicant. Order Date :- 7.3.2025 ML/-
Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the U.P. Power Corporation and perused the record. The present application under Section 482 Cr.P.C. has been filed with the following main relief(s) :- WHEREFORE, it is, most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned Charge Sheet dated 23.05.2023 and Supplementary charge sheet dated 29.11.2024 and the order dated 05.12.2024 passed by Additional District and Session Judge, Room no. 4/Special Judge (E.C. Act), Lucknow in criminal case no. 689 of 2020 by means of which cognizance has been taken and applicant has been summoned for the offence Under Section -135 of the Electricity Act contained in ANNEXURE NO.1, 2 and 3. It is further prayed that this Hon'ble Court may kindly be pleased to stay the entire further proceedings of Criminal Case arising out of Case crime no. 689/2020 Police Station -Anti Power Theft, District Lucknow till the pendency of this application, such other orders deemed fit and proper in the circumstances of the case and render justice may also be passed." Taking note of the pleadings and submissions advanced by learned counsel for the applicants, on the basis of Circular Letter No.361/Mu.AA.(Vaa.- I)/Raid Ikai/Pakali/2013 dated 04.10.2018, issued by the Managing Director, UPPCL, Shakti Bhawan, Lucknow, this Court is, prima facie, of the view that the F.I.R. lodged against the applicant is not sustainable and as such the proceedings based upon the same are also not sustainable in the eyes of law. In view of the aforesaid, this Court is of the view that the matter requires consideration. Let counter affidavit be filed within four weeks. Two weeks' time thereafter is allowed to the applicants to file rejoinder affidavit. List thereafter. Till the next date of listing, the proceedings in issue, shall remain stayed qua the applicant. Order Date :- 7.3.2025 ML/-