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Neutral Citation No. - 2025:AHC:10368 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 37123 of 2024 Applicant :- Vijay Kumar Tiwari Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vijay Kumar Pathak Counsel for Opposite Party :- G.A.,Rishu Mishra Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State, Ms. Rishu Mishra, learned counsel for the Electricity Department and perused the record.
2. The present application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet dated 16.11.2022, cognizance order dated 27.10.2023, as well as entire proceedings of S.T. No. 2666 of 2023, titled State v. Vijay Kumar Tiwari, arising out of Case Crime No. 1309 of 2020, under Section 135 Electricity Act, P.S. Anti Power Theft, Gorakhpur.
3. In compliance of order dated 13.11.2024, learned counsel for Electricity Department has produced instructions obtained from the Department, according to which no dues is pending against the applicant. He submits that he has no objection if the proceedings of aforesaid case is quashed.
4. In view of the aforesaid statement of counsel for Electricity Department, the entire proceedings of S.T. No. 2666 of 2023, titled State v. Vijay Kumar Tiwari, arising out of Case Crime No. 1309 of 2020, under Section 135 Electricity Act, P.S. Anti Power Theft, Gorakhpur, pending in the Court of Special Judge (E.C.) Act, Azamgarh, are hereby quashed.
5. Accordingly, instant application under Section 482 Cr.P.C. stands allowed. Order Date :- 21.1.2025 A. Tripathi Justice Vinod Diwakar Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad