RADHEY SHYAM AGRAWAL v. State of U.P. AND 2 Others
A482/39118/2024 · 2025-05-06
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 106783 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 106783 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:74029 Court No. - 74 Case :- APPLICATION U/S 482 No. - 39118 of 2024 Applicant :- Radhey Shyam Agrawal Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Abhai Kumar Singh,Achal Kumar Singh Counsel for Opposite Party :- G.A.,Rishu Mishra Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the parties.
2. This application under section 482 Cr.P.C. has been preferred to quash the impugned charge-sheet no. 550 of 2019 dated 03.10.2019 as well as summoning/cognizance order dated 07.02.2020 including the entire proceedings of Session Trial No. 281 of 2020 (State vs. Radhey Shyam Agrawal) arising out of Case Crime No. 512 of 2019, under section 135 of U.P. Electricity Act, Police Station-Khorabar, District-Gorakhpur, pending in the Court of Judge (E.C.) Act, Gorakhpur as well as to stay the further proceedings of abovementioned case.
3. It is not disputed by Sri Akash Ojha, Advocate holding brief of Sri Rishu Mishra, learned counsel appearing on behalf of the Electricity Department that the entire amount which has been assessed after final assessment in shape of compounding has already been deposited by the applicant and as such in pursuance to Section 152(2) of the Electricity Act, no prosecution or proceeding can be initiated.
4. In view of the argument as well as in the light of Section 152(2) of the Electricity Act, the proceeding pending before the learned Court of Judge (E.C.) Act, Gorakhpur in shape of Session Trial No. 281 of 2020 (State vs. Radhey Shyam Agrawal) arising out of Case Crime No. 512 of 2019, under section 135 of U.P. Electricity Act, Police Station-Khorabar, District-Gorakhpur are hereby quashed and set aside.
5. The application stands allowed accordingly. Order Date :- 7.5.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad