SUBHASH CHANDRA YADAV v. STATE OF U.P. AND 2 OTHERS
NA528/7915/2025 · 2025-03-10
Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24230 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24230 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:35157 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 7915 of 2025 Applicant :- Subhash Chandra Yadav Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ajai Kumar,Bholanath Yadav Counsel for Opposite Party :- Chetan Chatterjee,G.A. 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 has been filed for quashing the charge-sheet
no.
46/2020,
dated
23.03.2020, cognizance/summoning order dated 28.10.2020, N.B.W. order dated 26.11.2021 as well as entire proceedings of Special Case No. 239 of 2020 titled State v. Subash Chandra Yadav and Others, arising out of Case Crime No. 35 of 2020, under Section 138-B of the Indian Electricity (Amendment) Act, 2003, registered at P.S. Didarganj, District Azamgarh.
3. At the outset, learned counsel for the applicant states that the applicant has already paid the compounding charges before the Department. A copy of the receipt has been annexed as Annexure-4 to the application. He therefore submits that impugned proceedings are liable to be quashed.
4. Learned counsel for the Electricity Department has no objection, if the proceedings of aforesaid case are quashed.
5. In view of the submissions advanced by learned counsel for the applicant, learned counsel for the Electricity Department, the entire proceedings of Special Case No. 239 of 2020 titled State v. Subash Chandra Yadav and Others, arising out of Case
Crime No. 35 of 2020, under Section 138-B of the Indian Electricity (Amendment) Act, 2003, registered at P.S. Didarganj, District Azamgarh including charge-sheet no. 46/2020, dated 23.03.2020, cognizance/summoning order dated 28.10.2020, N.B.W. order dated 26.11.2021, are hereby quashed.
6. Accordingly, instant application stands allowed. Order Date :- 11.3.2025 Shafique Justice Vinod Diwakar Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad