Extracted from the PDF above. The PDF is authoritative.
No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
C482 No. 654 of 2021 Hon’ble Alok Mahra, J.
Mr. Pradeep Kumar Chauhan,
learned counsel for the applicant.
2. Mr. Prabhat Kandpal, learned A.G.A. for the State.
3. The present criminal misc. application is filed with a prayer to quash/set-aside the chargesheet, cognizance/summoning order dated 02.09.2020 passed by District and Session Judge, Haridwar in Sessions Trial No. 530 of 2020, State Vs. Mahesh, under Section 135 of Electricity Act and the entire proceedings arising out from it.
4. In this case, an FIR was lodged by the Junior Engineer of the Electricity Department, wherein, it was averred that on the report of the vigilance team of the department, certain persons were found involved in using electricity by theft. Applicant’s name was also filed in the said FIR. After investigation, chargesheet was filed.
5.
Learned counsel for the applicant would submit that during investigation, it was found that applicant has deposited the entire fee, which was determined by the department amounting to Rs. 65,543/- on 03.03.2020. Executive Engineer of the department have issued an order dated 04.03.2020, wherein, it is mentioned that the applicant have deposited the entire penalty and the offence is compoundable and it is further submitted that besides this case, there is no other case pending against the applicant with regard to theft of electricity.
6. Heard learned counsel for the parties and perused the record.
7. Considering the aforesaid submission, under the facts and circumstances of the case and also
considering the fact that since offence of theft of electricity is a compoundable offence and, as such, the applicant has already deposited the entire fee determined by the department amounting to Rs. 65,543/- on 03.03.2020, this Court is of the view that no fruitful purpose would be served if the proceedings of the case are allowed to continue against the applicant.
8. Accordingly, the present criminal misc. application is allowed. As a result, the entire proceedings of Sessions Trial No. 530 of 2020, State Vs. Mahesh, under Section 135 of Electricity Act pending in the court of learned District and Session Judge, Haridwar is hereby quashed qua the applicant. FIR and charge-sheet filed pursuant thereto also stand quashed.
(Alok Mahra J.)
29.05.2026 Ujjwal