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2025 DAILYLAW 150586 (ALL)

PANKAJ SHUKLA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

A482/5614/2025 · 2025-07-11

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:39844 Court No. - 15 Case :- APPLICATION U/S 482 No. - 5614 of 2025 Applicant :- Pankaj Shukla Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Sheo Shankar Verma Counsel for Opposite Party :- G.A.,Aprajita Bansal Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Sheo Shankar Verma, the learned counsel for the applicants, Sri , the learned A.G.A. for the State and Ms. Shreya Pawa, Advocate holding brief of Ms. Aprajita Bansal, the learned counsel for opposite party No.3 and 4. 2. By means of the instant application filed under Section 482 Cr.P.C., the applicant has sought quashing of the entire proceedings of Criminal Case No.3072 of 2019 arising out of the Case Crime No.293 of 2018 titled 'State v. Pankaj Shukla' under section 135 of the Indian Electricity Act (Amended) 2003 relating to Police Station- Jankipuram, Lucknow Ld. Addl. District Judge-IV, E.C. Act, Lucknow, on the ground that the offence in question stands compounded. 3. A copy of an undated letter issued by the opposite party No.2-Executive Engineer, Electricity Division, Rahim Nagar (Lesa) has been annexed as Annexure No.5 to the application wherein it is stated that the applicant had paid the compounding fee and the offence in question stands compounded. 4. The learned counsel for the applicant has relied upon a statutory provision contained in Section 152 (3) of the Electricity Act, 2003 which provides that, "compounding of an offence under this court shall be deemed to amount to an acquittal within the meaning of section 300 of Cr.P.C." 5. Keeping in view the aforesaid facts and circumstances of the case and the statutory mandate contained in Section 152 (3) of the Electricity Act, 2003, when the applicant already stands acquitted of the offence consequent to compounding of the same, continuance of criminal proceedings against the applicant are wholly unwarranted and the same are liable to be quashed. 6. Accordingly, the application is allowed and the entire proceedings of Criminal Case No.3072 of 2019 arising out of the Case Crime No.293 of 2018 titled 'State v. Pankaj Shukla' under section 135 of the Indian Electricity Act (Amended) 2003 relating to Police Station- Jankipuram, Lucknow Ld. Addl. District Judge-IV, E.C. Act, Lucknow are hereby quashed. . (Subhash Vidyarthi,J.) Order Date :- 11.7.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench