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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 41442 of 2024 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicant, learned A.G.A. for State and Sri Gaurav Pratap Singh holding brief of Sri J.K.Upadhyay, learned counsel for Electricity Department. 2. The instant application has been preferred for quashing the charge sheet no. 48/2024, dated 06.01.2024 and cognizance order dated 29.04.2024 as well as entire proceeding of S.S.T. no. 457 of 2024 (State vs. Samrath Singh) Case Crime no. 175/2021 under Section 135 Electricity Act, PS- Ante Power Theft, Jalaun, District Jalaun. 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. It is also submitted that applicant has deposited certain amount under OTS theft scheme and as such the same may also be adjusted in the final bill. 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: Versus Counsel for Applicant(s) : Vijay Singh Sengar Counsel for Opposite Party(s) : Jai Krishna Upadhyay, G.A. Samrath Singh .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s)
(a) The applicant shall deposit the compounding charges to the Electricity Department within one month from today. If the applicant has already deposited certain amount as compounding charges, the same shall also be adjusted in the total outstanding compounding charges. (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 S.S.T. no. 457 of 2024 (State vs. Samrath Singh) Case Crime no. 175/2021 under Section 135 Electricity Act, PS- Ante Power Theft, Jalaun, District Jalaun 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. September 8, 2025 Shaswat A482 No. 41442 of 2024 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad