KAMLESH KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND 5 OTHERS
A482/1246/2025 · 2025-02-27
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 122396 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 122396 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:12322 Court No. - 13 Case :- APPLICATION U/S 482 No. - 1246 of 2025 Applicant :- Kamlesh Kumar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 5 Others Counsel for Applicant :- Satya Prakash,Abhishek Vishwakarma,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 12.07.2024, FIR No. 0812 dated 19.07.2021 under Section 135 of Indian Electricity Act, 2003 registered with PS. Anti Power Theft, Unnao including Summoning order dated 17.12.2024 in SST No. 2153/2024 titled as State Vs. Kamlesh Kumar 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. 42,516/- through Recovery Notice No. 1685 dated 20.07.2021 along with the Recovery Notice No. 4006 dated 10.09.2021 demanding the Petitioner for an amount of Rs. 33,786/- within 7 days, a Recovery Certificate 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. 26,494/- along with compounding charge of Rs. 2,000/-, and total sum of Rs. 28,494/- 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 17.12.2024 and charge-sheet dated 12.07.2024 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