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Neutral Citation No. - 2025:AHC:116143 Court No. - 77 Case :- APPLICATION U/S 482 No. - 34280 of 2024 Applicant :- Rajesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for applicant, learned A.G.A. for State and Sri Virendra Kumar Gautam, Advocate holding brief of Sri Baleshwar Chaurvedi, learned counsel for the Electricity Department. 3. The instant application has been preferred for quashing the entire criminal proceedings of Special Case No. 2729 of 2017 (State vs. Rajesh) arising out of Case Crime No. 0132 of 2017, under section 135 of Electricity (Amendment) Act, 2003, P.S.- Baldev, District-Mathura pending in the court of learned Additional District and Session Judge/Special Court, Mathura including the charge-sheet dated 13.05.2017 as well as cognizance/summoning order dated 28.10.2017. 4. 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. 5. 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. 6. In view of the submissions made by both the parties and considering the nature of offence, the entire proceedings in shape of Special Case No. 2729 of 2017 (State vs. Rajesh) arising out of Case Crime No. 0132 of 2017, under section 135 of Electricity (Amendment) Act, 2003, P.S.-Baldev, District-Mathura pending in the court of learned Additional District and Session Judge/Special Court, Mathura the charge-sheet dated 13.05.2017 as well as cognizance/summoning order dated 28.10.2017, are hereby quashed, subject to the following conditions:-
(a) The applicant shall deposit the compounding charges to the Electricity Department within one month from the date of receipt of copy of this order. (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 arising out of Case Crime No. 0132 of 2017, under section 135 of Electricity (Amendment) Act, 2003, P.S.-Baldev, District-Mathura shall immediately be closed 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, the Electricity Department shall be at liberty to realize the same in accordance with law. 7. With the aforesaid directions, the application stands disposed of. Order Date :- 17.7.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad