NASIR HAIDER NAQVI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOMES LKO. AND 2 OTHERS
A482/6585/2025 · 2025-08-14
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157421 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157421 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:47747 Court No. - 14 Case :- APPLICATION U/S 482 No. - 6585 of 2025 Applicant :- Nasir Haider Naqvi Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Homes Lko. And 2 Others Counsel for Applicant :- Shishir Srivastava,Sheikh Abu Huraira Siddiqui Counsel for Opposite Party :- G.A.,Aprajita Bansal Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. Instant application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned summoning order dated 23.11.2021, charge sheet dated 21.5.2020 and entire proceedings in Sessions Case No.1913 of 2021, State Vs. Nasir Haider Naqvi, pending in the court of Additional District Judge- IV/EC Act, District Lucknow arising out of F.I.R. No.224 of 2019 under Section 135 of Indian Electricity Act, 2003, PS Talkatora, Lucknow. It is submitted by the learned counsel for the applicant that the F.I.R. was lodged by the Electricity Department under Section 135 of the Indian Electricity Act. He added that compounding fee including all dues has been deposited and in this regard, No Dues Certificate has been issued by the Executive Engineer concerned on 16.5.2025. In support of his contention, he submits that the provision of Section 152 of the Indian Electricity Act clearly provides that if a consumer deposits the compounding fee then no further criminal proceeding shall go against him. He thus submits that the criminal proceedings against the applicants may be quashed. On the other hand, Ms. Shreya Pahawa, Advocate holding brief of Ms. Aprajita Bansal has admitted the aforesaid contention raised by the learned counsel for the applicant and submitted that No Dues Certificate has been issued to the applicant. In view of the aforesaid submission, this Court finds that the applicant has already deposited the compounding fee including the whole dues of the electricity bill and No Dues Certificate has also been issued which is appended as Annexure No.7 to the affidavit filed in support of the application. Thus, there seems to be merit in the submission of the learned counsel for the applicant. Resultantly, the criminal proceedings against the applicant arising out F.I.R. No.224 of 2019, under Section 135 of Indian Electricity Act, 2003, PS Talkatora, Lucknow, is hereby quashed. The application is hereby allowed. Consigned to the record.
The office is directed to communicate this order to the trial court concerned. Order Date :- 14.8.2025 Ram Murti Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench