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2025 DAILYLAW 23746 (ALL)

DEEPENDRA KUMAR JAISWAL v. STATE OF U.P. AND 2 OTHERS

NA528/7120/2025 · 2025-03-04

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31113 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 7120 of 2025 Applicant :- Deependra Kumar Jaiswal Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Anil Kumar Pathak,Rishabh Singh Counsel for Opposite Party :- G.A.,Narendra Kumar Tiwari Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State, learned counsel for the Electricity Department and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of charge-sheet no. 189 of 2010 dated 01.12.2010, cognizance order dated 16.02.2011, as well as non bailable warrant dated 20.05.2022 and order dated 11.11.2024, 07.12.2024, passed by the Special Judge (E.C. Act)/Additional Sessions Judge, Prayagraj, in Case No. 25 of 2011, arising out of Case Crime No.252 of 2010, under Section 138 Electricity Act, P.S. Kareli, District Prayagraj. 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. Learned counsel for the Electricity Department has no objection to the prayer made by the applicant's counsel. 5. In view of the submissions made by both parties and considering the nature of the offense, the entire proceedings of charge-sheet no. 189 of 2010 dated 01.12.2010, cognizance order dated 16.02.2011, as well as non bailable warrant dated 20.05.2022 and order dated 11.11.2024, 07.12.2024, passed by the Special Judge (E.C. Act)/Additional Sessions Judge, Prayagraj, in Case No. 25 of 2011, arising out of Case Crime No.252 of 2010, under Section 138 Electricity Act, P.S. Kareli, District Prayagraj, are hereby quashed, subject to the following conditions: (a) The applicant shall deposit the compounding charges with the Electricity Department within one month from the date of receipt of a 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) In case of non-compliance, the trial court shall be at liberty to proceed in accordance with law. 6. With the aforesaid directions, the application stands disposed of. Order Date :- 5.3.2025 A. Tripathi Justice Vinod Diwakar Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad