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Neutral Citation No. - 2025:AHC:20952 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 4244 of 2025 Applicant :- Israr Ahmed Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Shashank Bharti Counsel for Opposite Party :- G.A.,Gauri Shankar Yadav Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and 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 28.02.2023, cognizance order dated 05.05.2023, summoning order dated 28.06.2023 as well as entire proceedings of Case No. 398 of 2023, titled State v. Israr Ahmed, arising out of Case Crime No. 303 of 2022, under Section 136 (1) of the Electricity Act, P.S. Hafijpur, District Hapur, pending trial before the Court of Additional Sessions Judge-I, Hapur.
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 charge-sheet dated 28.02.2023, cognizance order dated 05.05.2023, summoning order dated 28.06.2023 as well as entire
proceedings of Case No. 398 of 2023, titled State v. Israr Ahmed, arising out of Case Crime No. 303 of 2022, under Section 136 (1) of the Electricity Act, P.S. Hafijpur, District Hapur, pending trial before the Court of Additional Sessions Judge-I, Hapur, are hereby 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 :- 13.2.2025 Shafique Justice Vinod Diwakar Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad