Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:34185 Court No. - 76 Case :- APPLICATION U/S 482 No. - 14473 of 2024 Applicant :- Idrish Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Ayub Counsel for Opposite Party :- G.A.,Kartikeya Saran Hon'ble Vinod Diwakar,J.
1. Heard the learned counsel for the applicant, the learned A.G.A. for the State, learned counsel for the Electricity Department, and perused the record.
2. The present application under Section 482 of the Cr.P.C. has been filed seeking quashing of the entire proceedings initiated pursuant to the charge-sheet dated 17.2.2023, and cognizance/summoning order dated 24.1.2024, in Misc. Case No.21 of 2024 titled State v. Idrish, arising out of Case Crime No.1530 of 2020, under section 135(1)(a) of the Electricity Act, 2003, Police Station Anti Power Theft, District Gautam Budh Nagar, pending in the court of learned Additional District & Sessions Judge-Vth, Gautam Budh Nagar.
3. Learned counsel for the applicant submits that the applicant is ready and willing to deposit the compounding charges before the Electricity Department. Therefore, on this ground, the applicant prays for quashing of the impugned proceedings.
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 in Misc. Case No.21 of 2024, including the charge-sheet dated 17.2.2023 and cognizance order dated 24.1.2024, pending before the court of learned Additional District & Sessions Judge-Vth, Gautam Budh Nagar, 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 :- 6.3.2025 Anil K. Sharma Justice Vinod Diwakar Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad