ABDUL AWWAL v. STATE OF U.P. THROUGH PRINCIPAL SECRETARY AND 2 OTHERS
NA528/3894/2025 · 2025-08-22
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16562 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16562 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 3894 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicant, learned A.G.A. for State and Sri Shrawan Kumar Tripathi, learned counsel for Electricity Department. 2. The instant application has been preferred for quashing the entire criminal proceedings of Case No.302 of 2021 (State vs. Awwal Amanullah) arising out of Case Crime No.94 of 2018, under section 135 of Electricity Act, P.S. Dhebarua, District- Siddharth Nagar, pending in the court of learned Additional Chief Judicial Magistrate I, Siddhartha Nagar. 3. Learned counsel for the applicant submits that the applicant is ready and willing to deposit the compounding fee/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 Electricity Department have 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 entire proceedings in shape of Case No.302 of 2021 (State vs. Awwal Amanullah) arising out of Case Crime No.94 of 2018, under section 135 of Electricity Act, P.S. Dhebarua, District- Siddharth Nagar, pending in the court of learned Additional Chief Judicial Magistrate I, Siddhartha Nagar, is hereby quashed, subject to the following conditions:- (a) The applicant shall deposit the compounding charges to the Electricity Versus Counsel for Applicant(s) : Mashaluddin Shah Counsel for Opposite Party(s) : Shrawan Kumar Tripathi, G.A., Rishu Mishra Abdul Awwal .....Applicant(s) State Of U.P. Through Principal Secretary And 2 Others .....Opposite Party(s)
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 Case Crime No.94 of 2018, under section 135 of Electricity Act, P.S. Dhebarua, District- Siddharth Nagar 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. (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. August 23, 2025 Saif NA528 No. 3894 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad