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2025 DAILYLAW 41386 (ALL)

DURGA MISHRA v. State of U.P. AND ANOTHER

A482/18042/2024 · 2025-02-26

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:27321 Court No. - 76 Case :- APPLICATION U/S 482 No. - 18042 of 2024 Applicant :- Durga Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deeplata,Sangam Singh Counsel for Opposite Party :- G.A.,Rishu Mishra Hon'ble Vinod Diwakar,J. 1. None appeared on behalf of applicant even in the revised call. Learned counsel for the Electricity Department is present. The matter is being decided with the assistance of counsel for the Electricity Department as well as learned A.G.A. for the State. 2. Heard Shri Akash Ojha, Advocate holding brief of Ms. Rishu Mishra, learned counsel for the Electricity Department, learned A.G.A. for the State and perused the material on record. 3. The present application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet dated 01.06.2021, cognizance/summoning order dated 04.12.2021 as well as entire proceedings of Session Case No. 791 of 2021 titled State v. Durga Mishra, arising out of Case Crime No. 37 of 2019, under Section 138 (1) (b) of the Indian Electricity (Amendment) Act, 2003, registered at P.S. Anti Power Theft, District Kushinagar. 4. At the outset, learned counsel for the Electricity Department states that the applicant has already paid the compounding charges amounting to Rs. 2000/- before the Department. Photocopy of the receipt has been produced, which is taken on record. He has no objection if the proceedings of aforesaid case are quashed. 5. In the given facts and circumstances, the entire proceedings of charge-sheet dated 01.06.2021, cognizance/summoning order dated 04.12.2021 as well as entire proceedings of Session Case No. 791 of 2021 titled State v. Durga Mishra, arising out of Case Crime No. 37 of 2019, under Section 138 (1) (b) of the Indian Electricity (Amendment) Act, 2003, registered at P.S. Anti Power Theft, District Kushinagar, are hereby quashed. 6. Accordingly, instant application under Section 482 Cr.P.C. stands allowed. Order Date :- 27.2.2025 Shafique Justice Vinod Diwakar Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad