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2025 DAILYLAW 106644 (ALL)

SHIVAM GUPTA v. STATE OF U.P. AND 2 OTHERS

A482/38250/2024 · 2025-08-18

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:141755 Court No. - 77 Case :- APPLICATION U/S 482 No. - 38250 of 2024 Applicant :- Shivam Gupta Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ankit Singh Counsel for Opposite Party :- G.A.,Manu Ghildyal Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant, learned A.G.A. for State and Sri Ishan Mishra, Advocate holding brief of Sri Manu Ghildyal, learned counsel for Electricity Department. 2. The instant application has been preferred for quashing the entire criminal proceedings of S.S.T. No.1719 of 2019 (State of U.P. vs. Shivam Gupta) arising out of Case Crime No.70 of 2019, under section 138 of Electricity Act, P.S. Mangalpur, District- Kanpur Dehat, pending in the court of learned Fourth Additional District & Session Judge/ Special Judge (Electricity Act), Court No.4, Kanpur Dehat, including charge-sheet dated 25.05.2019 as well as cognizance/summoning order dated 20.12.2019. 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 S.S.T. No.1719 of 2019 (State of U.P. vs. Shivam Gupta) arising out of Case Crime No.70 of 2019, under section 138 of Electricity Act, P.S. Mangalpur, District- Kanpur Dehat, pending in the court of learned Fourth Additional District & Session Judge/ Special Judge (Electricity Act), Court No.4, Kanpur Dehat, including charge-sheet dated 25.05.2019 as well as cognizance/summoning order dated 20.12.2019, 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.70 of 2019, under section 138 of Electricity Act, P.S. Mangalpur, District- Kanpur Dehat 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 :- 19.8.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad