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2025 DAILYLAW 1552 (ALL)

MOHD. MOINUDDIN AJMERI v. STATE OF U.P. AND ANOTHER

NA528/52252/2025 · 2026-03-17

Vivek Kumar Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 52252 of 2025 Court No. - 81 HON'BLE VIVEK KUMAR SINGH, J. 1. Heard Sri Abdul Mateen, learned counsel for applicant, learned A.G.A. for the State and Sri Sangam Tripathi, Advocate holding brief of Sri Baleshwar Chaturvedi, learned counsel for opposite party no.3/ Power Corporation. 2. The instant application has been preferred for quashing the charge- sheet dated 16.12.2018, the cognizance/ summoning order dated 06.08.2021 and bailable warrant dated 20.02.2025 issued against the applicant as well as entire proceedings of Criminal Case No.121 of 2021 (State Vs. Mohd. Moinuddin Ajmeri) arising out of Crime No.340 of 2018, under Section 135 of Indian Electricity Act, 2003, Police Station Kotwali Konch, District- Jalaun, pending in the court of Additional Sessions Judge/ Special Judge (E.C.Act), District Jalaun at Orai. 3. Learned counsel for the applicant submits that the applicant is ready and willing to deposit the compounding charges before the Electricity Department. Therefore, on this ground, the applicant prays for quashing of the impugned proceedings. 4. Learned A.G.A. as well as learned counsel for the opposite party no.3 has no objection over the prayer made by the applicant's counsel. 5. In view of the submissions made by both the parties and considering the nature of offence, the charge-sheet dated 16.12.2018, the cognizance/ summoning order dated 06.08.2021 and bailable warrant dated Versus Counsel for Applicant(s) : Abdul Mateen, Ashish Kumar Singh Counsel for Opposite Party(s) : G.A. Mohd. Moinuddin Ajmeri .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 20.02.2025 issued against the applicant as well as entire proceedings of Criminal Case No.121 of 2021 (State Vs. Mohd. Moinuddin Ajmeri) arising out of Crime No.340 of 2018, under Section 135 of Indian Electricity Act, 2003, Police Station Kotwali Konch, District- Jalaun, pending in the court of Additional Sessions Judge/ Special Judge (E.C.Act), District Jalaun at Orai, are hereby quashed, subject to the following conditions:- (a) The applicant shall deposit the compounding charges to the Electricity Department within one month from the date of receipt of copy of this order. (b) Upon payment, the applicant shall file a copy of the payment receipt before the trial court. The trial court shall thereafter verify the same from the Electricity Department. (c) After the verification of deposition of compounding fee/charges by Electricity Department, the entire proceeding arising out of Crime No.340 of 2018, under Section 135 of Indian Electricity Act, 2003, Police Station Kotwali Konch, District- Jalaun shall immediately be closed and consigned to record. (d) In case of non-compliance, the trial court shall be at liberty to proceed in accordance with law without reference to this Court. (e) So far as realization of the electricity dues, the Electricity Department shall be at liberty to realize the same in accordance with law. 6. With the aforesaid directions, the application stands disposed of. March 18, 2026 Radhika NA528 No. 52252 of 2025 2 (Vivek Kumar Singh,J.) Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad