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2025 DAILYLAW 14299 (ALL)

MOHD ABBAS KHAN v. STATE OF U.P. AND 3 OTHERS

A482/3855/2025 · 2025-02-07

Vinod Diwakar

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:18989 Court No. - 76 Case :- APPLICATION U/S 482 No. - 3855 of 2025 Applicant :- Mohd Abbas Khan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Atiqur Rahman Siddiqui,Wasi Abbas Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant, learned counsel for the Electricity Department, and perused the material on record. 2. The instant application has been preferred with the prayer to quash the charge sheet dated 20.10.2019 and cognizance order dated 12.10.2020 as well as entire proceedings of Case No.643 of 2020 titled State v. Mohd. Abbas Khan, arising out of Case Crime No.264 of 2019, under section 135 of the Electricity (Amended) Act, 2003, Police Station Compil, District Farrukhabad, pending in the court of learned Additional Sessions Judge, Farrukhabad. 3. Learned counsel for the applicant states that the applicant is ready to pay the compounding charges before the Department within one month. Therefore, the impugned proceedings are liable to be quashed. 4. Learned counsel for the Electricity Department has no objection to the aforesaid prayer. 5. In view of the submissions made above, the entire proceedings of Case No.643 of 2020 titled State v. Mohd. Abbas Khan, arising out of Case Crime No.264 of 2019, under section 135 of the Electricity (Amended) Act, 2003, Police Station Compil, District Farrukhabad, pending in the court of learned Additional Sessions Judge, Farrukhabad are quashed, subject to deposition 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 :- 7.2.2025 Anil K. Sharma Justice Vinod Diwakar Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad