Sandeep v. State of U.P. and Another

Allahabad HC19 Feb 2025A482/5022/2025

Case brief

AI extract

What is this about?

s.482 Cr.P.C. quashing application disposed of; charge-sheet no. 2736 dated 06.10.2023; Special S.T. No. 226 of 2024 (State of U.P. vs. Sandeep); Case Crime No. 0368 of 2021; s.135A(1) Indian Electricity Act (Amendment) 2003; electricity theft; P.S. Anti Power Theft, Prayagraj; Special Judge E.C. Act Allahabad; averments amenable before trial court; prayer cannot be exceeded at this stage; liberty to avail other legal remedies; applicant on bail; Allahabad High Court; Saurabh Srivastava, J.

What did the court decide?

None substantive; application disposed of with liberty reserved to the applicant to avail all other legal remedies available at law. ¶¶12

Sandeep vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC:136359

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 5022 of 2025

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Applicant :- Sandeep Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajendra Kumar,Sidh Nath Singh Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Sarad Kumar Ashthana, Advocate holding brief of Sri Narendra Kumar Tiwari, learned counsel for Electricity Department.

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The instant application under section 482 Cr.P.C. has been preferred to quash the chargesheet no. 2736 dated 06.10.2023 including the entire proceedings of Special S.T. No. 226 of 2024 (State of U.P. vs. Sandeep) arising out of Case Crime No. 0368 of 2021, under section 135A(1) of Indian Electricity Act (Amendment), 2003, P.S. Anti Power Theft, District- Prayagraj, pending in the court of learned Special Judge, E.C. Act, Allahabad as well as to stay the further proceedings of abovementioned case.

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Learned counsel for the applicant submitted that the proceeding initiated against the applicant is illegal and against the material available on record; the material of investigation does not disclose commission of any alleged offences against the applicant; the applicant is already on bail and as such the proceedings initiated against the applicant including the impugned charge-sheet are liable to be quashed by this Court.

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Per contra, learned A.G.A. for the State and Sri Sarad Kumar Ashthana, Advocate holding brief of Sri Narendra Kumar Tiwari, learned counsel for Electricity Department vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for applicant by way of submitting that the averments whatsoever has been raised by learned counsel for applicant is amenable before the learned trial court and as such prima-facie offence has been made out against the applicant.

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After hearing rival submissions extended by learned counsel for the parties and by bare perusal of record, there appears that all the

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averments whatsoever has been raised by learned counsel for applicant is amenable before the learned trial court and as such the prayer extended by learned counsel for the applicant cannot be exceeded at this stage.

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The instant application under section 482 Cr.P.C. stands disposed of accordingly.

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However, it is made clear that the applicant will be at liberty to avail all the other legal remedies available at law.

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Order Date :- 11.8.2025 #Vik/-

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Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad

Sandeep v. State of U.P. and Another

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Sandeep v. State of U.P. and Another

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