APPLICATION U/S 528 BNSS No. 8390 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 8390 of 2026 Neeresh .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Ashok Kumar Singh, Preetpal Singh Counsel for Opposite Party(s) : Ashok Kumar Singh, G.A. Court No. - 76 HON'BLE SANJAY KUMAR PACHORI, J. 1. Heard Shri Preetpal Singh Rathore, learned counsel for the applicant, Sri Mukesh Kumar Singh, learned Standing Counsel for the Electricity Department and Shri B.N. Upadhyay, learned brief holder for the State. 2. The present application under Section 528 of BNSS has been filed to quash the summoning/cognizance order dated 14.08.2025 passed by Special Judge (E.C. Act)/Additional Sessions Judge, Badaun, including charge sheet No. 842 of 2024 dated 29.10.2024 as well as entire proceedings of Criminal case No. 2031 of 2025 (State Vs. Neeresh Kumar), arising out of Case Crime No. 2614 of 2022, under Section 135 of the Electricity Act, Police Station Anti Power Theft, District Badaun. 3. While assailing the impugned order, contention of learned counsel for the applicant is that the Magistrate has not applied judicial mind in passing the order as the order has be