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Neutral Citation No. - 2025:AHC:33137 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 7657 of 2025 Applicant :- Lallan Pandey Opposite Party :- State Of U.P. And 02 Others Counsel for Applicant :- Girja Shanker Mishra,Iftekhar Ahmad,Pratiksha Rai Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and Shri Nitesh Patel, holding brief of Shri Udit Chandra,
learned counsel for the Electricity Department.
2. The present application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge-sheet dated 05.08.2023, summoning order dated 25.01.2024 as well as entire proceedings of Session Case No. 106 of 2024, titled State v. Lakhan Pandey, arising out of case crime no. 1740 of 2020, under Section 135 Indian Electricity (Amendment) Act, 2003, registered at P.S. Anti Power Theft, District Ghazipur, pending in the Court of Special Judge, E.C. Act, Ghazipur.
3. Learned counsel for the applicant states that the applicant is ready to pay the compounding charges before the Electricity Department within one month. Therefore, the impugned proceedings are liable to be quashed.
4. On the other hand, learned counsel for the Electricity Department has no objection to the aforesaid prayer.
5. In view of the aforesaid submissions, the entire proceedings of Session Case No. 106 of 2024, titled State v. Lakhan Pandey,
arising out of case crime no. 1740 of 2020, under Section 135 Indian Electricity (Amendment) Act, 2003, registered at P.S. Anti Power Theft, District Ghazipur, pending in the Court of Special Judge, E.C. Act, Ghazipur, are hereby quashed, subject to deposit of compounding charges by the applicant before the Department within one month from the date of receipt of a copy of this order. The applicant is directed to file a copy of the receipt of the payment of compounding charges before the trial court, and the trial court shall verify the same from the Department. Failing to comply with the terms of this order, the trial court shall proceed in accordance with law.
6. Accordingly, the application stands disposed of.
Order Date :- 7.3.2025 Shafique Justice Vinod Diwakar Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad