Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37159 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicant, learned A.G.A. for State and Sri Virendra Kumar Gautam holding brief of Sri Baleshwar Chaturvedi, learned counsel for Electricity Department.
2. The instant application has been preferred for quashing the charge sheet dated 6.9.2023 and summoning order dated 16.10.2024 as well as further proceeding in Case no. 1976 of 2024 arising out of Case Crime no. 1970 of 2020 under Section 135 of Indian Electricity (Amendment) Act, 2003, PS- Anti-Power Theft, District Agra.
3. Learned counsel for the applicant submits that the applicant is ready and willing to deposit the compounding fee/charges before the Electricity Department. Therefore, on this ground, the applicant prays for quashing of the impugned proceedings.
4. Learned A.G.A. as well as learned counsel for the Electricity Department have no objection over the prayer made by the applicant's counsel.
5. In view of the submissions made by both the parties and considering the nature of offence, instant application is hereby disposed of with following directions: (a) The applicant shall deposit the compounding charges to the Electricity Department within one month from today. Versus Counsel for Applicant(s) : Abhishek Vishwakarma, Ramesh Kumar Ojha Counsel for Opposite Party(s) : Baleshwar Chaturvedi, G.A. Sahab Singh .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s)
(b) Upon payment, the applicant shall file a copy of the payment receipt before the trial court. The trial court shall thereafter verify the same from the Electricity Department. (c) After the verification of deposition of compounding fee/charges by Electricity Department, the entire proceeding of Case no. 1976 of 2024 arising out of Case Crime no. 1970 of 2020 under Section 135 of Indian Electricity (Amendment) Act, 2003, PS- Anti-Power Theft, District Agra shall immediately be closed only in respect of applicant herein and consigned to record. (d) In case of non-compliance, the trial court shall be at liberty to proceed in accordance with law. (e) So far as realization of the electricity dues are concerned, the Electricity Department shall be at liberty to realize the same in accordance with law. September 24, 2025 Shaswat NA528 No. 37159 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad