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Neutral Citation No. - 2025:AHC:145348 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 9370 of 2025 Applicant :- Kali Charan Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Garun Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for applicant, learned A.G.A. for State and Sri Baleshwar Chaturvedi, learned counsel for Electricity Department. 2. The instant application has been preferred for quashing the impugned chargesheet dated 21.03.2018 as well as the cognizance order dated 28.05.2018 alongwith entire proceeding of Special Case No.1958 of 2018 (State vs. Kali Charan) pertaining to Case Crime No.121 of 2018, under Section 135 of Electricity (Amendement) Act, 2003, Police Station Baldev, District Mathura now pending in the court of learned Additional District and Sessions Judge/Special Court, mathura and all consequential proceedings therein. 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, instant application is hereby disposed of with following directions: (a) The applicant shall deposit the compounding charges to the Electricity Department within one month from the date of receipt of copy of this order. Only till one month from today, no coercive action shall be initiated against the applicant. (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 Special Case No.1958 of 2018 (State vs. Kali Charan) pertaining to Case Crime No.121 of 2018, under Section 135 of Electricity (Amendement) Act, 2003, Police Station Baldev, District Mathura shall immediately be closed only in respect of applicant herein 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 are concerned, the Electricity Department shall be at liberty to realize the same in accordance with law. Order Date :- 22.8.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad