Allahabad High Court
CHATURBHUJI MISHRAversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 is dismissed as it was not pressed by the applicant.
Summary
The applicant, Chaturbhuji Mishra, filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash the entire proceedings of Special Case No. 593 of 2025, which arose from a charge under Section 135 of the Indian Electricity Act (Amendment) 2003 relating to alleged power theft. During the hearing, the applicant’s counsel indicated that he no longer wished to pursue the present application and instead sought liberty to file a more appropriate petition before a competent court. The court noted the applicant’s request and, finding that the application was not being pressed, dismissed it. No substantive merits of the underlying electricity‑theft case were considered. The order was signed on 7 May 2026 by Justice Sanjay Kumar Pachori.
Issues considered
- Whether an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita can be entertained when the applicant withdraws it.
- Whether the court may dismiss the application as ‘not pressed’ without addressing the merits of the underlying electricity‑theft proceedings.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 528
- Electricity Act (Amendment) 2003 — s. 135
Subjects
- Section 528 application
- quash of proceedings
- withdrawal of application
- electricity theft
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 18902 of 2026
Chaturbhuji Mishra
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ravindra Prakash Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Ravindra Prakash Srivastava, learned counsel for the applicant, Sri
Shravan Kumar Tripathi, learned Standing Counsel for the power
corporation and Sri Karunakar Singh, learned A.G.A. for the State are
present.
The present application under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita has been filed to quash the entire proceedings of Special
Case No. 593 of 2025, arising out of Case Crime No. 507 of 2021, under
Section 135 of Indian Electricity Act (Amendment) 2003, Police Station-
Anti Power Theft, District- Sant Kabir Nagar, as well as cognizance/
summoning order dated 05.08.2025 pending in the Court of Special Judge
(Electricity Act)/ Additional Sessions Judge, Court No. 1, Sant Kabir Nagar.
After some arguments, learned counsel for the applicant does not want to
press this application and wants liberty to file an appropriate application/
proceedings before the court of competent jurisdiction.
Certified copy of the order may be returned to the learned counsel for the
applicant after retaining a xerox thereof.
In view of the above, the application is dismissed as not pressed with the
aforesaid liberty.
May 7, 2026
Ishan
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad
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