SMT. KUNTI DEVI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 2 OTHERS
A482/3071/2025 · 2025-04-15
Salil Kumar Rai
body2025
DailyLaw.ai
[ 2025 DAILYLAW 133029 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 133029 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:21215 Court No. - 16 Case :- APPLICATION U/S 482 No. - 3071 of 2025 Applicant :- Smt. Kunti Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Amit Kumar Gaur Counsel for Opposite Party :- G.A.,Aprajita Bansal Hon'ble Salil Kumar Rai,J. Heard the counsel for the applicant, learned A.G.A. for the State and Ms. Aprajita Bansal, Advocate, representing the opposite party No. 2. The present application under Section 482 Cr.P.C. has been filed to quash the further proceedings in Case No. 2917 of 2019 arising out of Case Crime No. 381 of 2018, under Section 138(1)(b) of the Electricity Act, 2003, Police Station-Itaunja City, District-Lucknow pending in the Court of Special Judge E.C. Act, Lucknow. It has been argued that the compounding fees and the assessment made against the applicant has also been paid by the applicant. The offence under Section 138(1)(b) has been compounded by the department and a letter dated 23.9.2024 communicating the aforesaid fact has also been issued by the Executive Engineer to the concerned S.H.O. Letter dated 23.9.2024 has also been annexed as Annexure No. 4 to the affidavit filed in support of the application. The offence has been compounded by the department in exercise of power under Section 152(1) of the Electricity Act, 2003. Ms. Aprajita Bansal, Advocate, representing the opposite party No. 2 concedes that proceedings in Case No. 2917 of 2019 arising out of Case Crime No. 381 of 2018, under Section 138(1)(b) of the Electricity Act, 2003, Police Station-Itaunja City, District-Lucknow may be quashed. Considering the aforesaid fact and considering the fact that the offence being the first offence, Case No. 2917 of 2019 arising out of Case Crime No. 381 of 2018, under Section 138(1)(b) of the Electricity Act, 2003, Police Station-Itaunja City, District-Lucknow pending in the Court of Special Judge E.C. Act, Lucknow can not be continued and the proceedings in Case No. 2917 of 2019 arising out of Case Crime No. 381 of 2018, under Section 138(1)(b) of the Electricity Act, 2003, Police Station-Itaunja City, District- Lucknow are hereby quashed. The application under Section 482 Cr.P.C. is allowed. Order Date :- 15.4.2025/Anurag/- Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench