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2025 DAILYLAW 122383 (ALL)

KIRAN JAISWAL v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. GOVT. LKO AND 5 OTHERS

A482/1260/2025 · 2025-02-27

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12344 Court No. - 13 Case :- APPLICATION U/S 482 No. - 1260 of 2025 Applicant :- Kiran Jaiswal Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Govt. Lko And 5 Others Counsel for Applicant :- Satya Prakash,Abhishek Vishwakarma,Aprajita Bansal,Raj Srivastava Counsel for Opposite Party :- G.A.,Aprajita Bansal Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant, Ms. Nandini Verma, Advocate holding brief of Mrs. Aprajita Bansal, learned counsel for respondent nos.2 and 4 and learned A.G.A. for the State. 2. The instant application has been filed by the applicant seeking following reliefs:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the Chargesheet dated 16.07.2024, FIR No. HER 0813 dated 19.07.2021 registered with PS. Anti Power Theft, Unnao under Section 135 of Indian Electricity Act, 2003 and Summoning order 22.11.2024 in SST No. 2012/ 2024 titled as State Vs. Kiran Jaiswal passed by Additional Special Judge EC Act, Room No. 4, Unnao be quashed and set aside. It is further prayed that the recovery of the amount of Rs. 36,684/- through Recovery Notice No. 1684 dated 20.07.2021, a Recovery Certificate dated has been sent to Learned District Magistrate/ Tehsildar, Unnao be quashed as the Petitioner is not liable to pay any amount." 3. Learned counsel for the applicant submits that on the basis of concocted facts, F.I.R. in question was lodged. He further submits that the assessment notice was issued and then charge- sheet was submitted by the Investigating Officer in the most mechanical manner before the competent Court. During the pendency of the trial of the case in question, the issue was resolved in the office of respondent no.4 by depositing assessment amount including compounding amount of Rs. 2,000/-. He next submits that schedule u/s 152 of Electricity Act is already revised vide Notification dated 22.11.2018 and the compounding charge upto 1 kw is Rs. 2,000/-. He also submits that as the compounding charge has already been deposited by the applicant in the office of Executive Engineer of concerned Division, the entire proceeding pending before learned trial Court may be quashed. 4. Ms. Nandini also concedes the fact that the compounding amount has already been deposited and the issue has also been resolved. 5. Considering the submissions of learned counsel for the parties and going through the contents of the application, letter dated 15.02.2025 as well as other relevant documents, it is evident that the assessment bill amount has already been deposited by the applicant i.e. amounting Rs. 26,524/- along with compounding charge of Rs. 2,000/-, and total sum of Rs. 28,524/- has been deposited. It is also evident that all the amount has already been deposited including the compounding charge. Therefore, this application is allowed. The summoning order dated 22.11.2024 and charge-sheet dated 16.07.2024 including entire proceedings in pursuance thereof are hereby quashed. Order Date :- 27.2.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench