JUDGMENT :

1. Heard Sri B.B. Jauhari, learned counsel for the applicant, Sri Mukesh Kumar Singh, learned counsel for the U.P. Power Corporation (opposite party no.3) and Sri Ravi Kant Kushwaha, learned AGA for the State.

2. By way of present application, applicant made a prayer to quash the charge-sheet no. 404 of 2003 dated 01.12.2003 arising out of Case Crime No. 376 of 2003 and proceedings of Case No. 5276 of 2004, under Section 39/49B Electricity Act, Police Station Sadar Bazar, District Shahjahanpur pending in the court of ACJM-I Shahjahanpur.

3. The FIR of the present case was lodged against the applicant on 15.10.2003 under Section 39/49 Electricity Act at Police Station Sadar Bazar, District Shahjahanpur vide Case Crime No. 376 of 2003.

4. As per allegation applicant committed theft of electricity. After registration of the FIR, investigation was commenced and after investigation charge-sheet was submitted against the applicant on 01.12.2003. After submission of charge-sheet, court concerned on 22.01.2004 took the cognizance and issued summons to the applicant. Applicant appeared before the court concerned through counsel on 20.02.2006 and applicant was regularly appearing thro