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2025 DAILYLAW 105349 (ALL)

FAISAL v. STATE OF U.P. AND 2 OTHERS

A482/36549/2024 · 2025-07-17

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:117531 Court No. - 77 Case :- APPLICATION U/S 482 No. - 36549 of 2024 Applicant :- Faisal Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rakesh Kumar Counsel for Opposite Party :- Mukesh Kumar Singh,G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant, learned A.G.A. for State and Sri Mukesh Kumar Singh, learned counsel for opposite party no.3. 2. The instant application has been preferred for quashing the impugned charge sheet no. 604 of 2019 dated 25.11.2019 as well as cognizance/summoning order dated 01.04.2021 in criminal case no.928 of 2021 (State vs. Faisal) under Section 135 Electricity Act (Amendement) 2003, Police Station Kant, District Shahjahanpur pertaining to Case crime no.0610 of 2019 pending in the court of Additional Session Judge/E.C. Act, Court No.4, Shahjahanpur. 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 the date of receipt of copy of this order. Only till one month from today, no coercive action shall be initiated against the applicant. (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 Criminal Case no. 928 of 20221 (State vs. Faisal) arising out of Case Crime no. 0610 of 2019 under Section 135 Electricity Act, PS- Kant, District Shahjahanpur 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. Order Date :- 18.7.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad