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2025 DAILYLAW 17274 (ALL)

CHANDRAPRAKASH v. STATE OF U.P. AND 2 OTHERS

NA528/5581/2025 · 2025-02-19

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:25031 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 5581 of 2025 Applicant :- Chandraprakash Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Pramod Shukla Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Baleshwar Chaturvedi, learned counsel for the Electricity Department. 2. The present application has been filed with a prayer to quash the charge-sheet dated 15.03.2016 including the impugned cognizance/ summoning order dated 26.09.2017 and impugned process of bailable warrant dated 09.07.2019 as well as entire proceedings of Case No.1668/2017, titled State v. Chandraprakash, arising out of case crime no. 0118 of 2016, under Section 135 Indian Electricity (Amendment) Act, 2003, P.S. Gulawthi, District Bulandshahar, pending in the Court of Additional District and Sessions Judge, Court No.14/ Special Judge (E.C. Act), Bulandshahar. 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 15.03.2016 including the impugned cognizance/ summoning order dated 26.09.2017 and impugned process of bailable warrant dated 09.07.2019 as well as entire proceedings of Case No.1668/2017, titled State v. Chandraprakash, arising out of case crime no. 0118 of 2016, under Section 135 Indian Electricity (Amendment) Act, 2003, P.S. Gulawthi, District Bulandshahar, pending in the Court of Additional District and Sessions Judge, Court No.14/ Special Judge (E.C. Act), Bulandshahar 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 :- 20.2.2025 Justice Vinod Diwakar Jitendra Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad