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2025 DAILYLAW 104585 (ALL)

SMT ANITA NIGAM v. State of UP AND ANOTHER

A482/35031/2024 · 2025-07-10

Saurabh Srivastava

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Judgment text

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Court No. - 77 Case :- APPLICATION U/S 482 No. - 35031 of 2024 Applicant :- Smt Anita Nigam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arju,Ulajhan Singh Bind Counsel for Opposite Party :- Alok Mishra,G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant, learned A.G.A. for State and Sri Raghvendra Mishra, Advocate holding brief of Sri Alok Mishra, learned counsel for Electricity Department. 2. The instant application has been preferred for quashing the entire criminal proceedings of Case No. 2280 of 2017 (State vs. Anita Nigam) arising out of Case Crime No. 1366 of 2016, under section 138(B) of Indian Electricity (Amendment) Act, 2003, P.S. Kotwali, District- Etah as well as non-bailable warrant dated 29.04.2021 issued by learned Court of Special Judge (E.C.) Act, Etah. 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, the entire proceedings in shape of Case No. 2280 of 2017 (State vs. Anita Nigam) arising out of Case Crime No. 1366 of 2016, under section 138(B) of Indian Electricity (Amendment) Act, 2003, P.S. Kotwali, District- Etah as well as non-bailable warrant dated 29.04.2021 issued by learned Court of Special Judge (E.C.) Act, Etah, 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. 1366 of 2016, under section 138(B) of Indian Electricity (Amendment) Act, 2003, P.S. Kotwali, District- Etah 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. 6. With the aforesaid directions, the application stands disposed of. Order Date :- 11.7.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad