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2025 DAILYLAW 5775 (ALL)

RAMBETI v. STATE OF U.P. AND 2 OTHERS

A482/2625/2025 · 2025-04-22

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61816 Court No. - 74 Case :- APPLICATION U/S 482 No. - 2625 of 2025 Applicant :- Rambeti Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Deepankar Shukla,Mukesh Kumar Pandey Counsel for Opposite Party :- Baleshwar Chaturvedi,G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Mukesh Kumar Pandey, learned counsel appearing on behalf of applicant and Sri Baleshwar Chaturvedi, learned counsel for opposite party no. 2 and learned AGA for the State. 2. Present application has been preferred with the prayer to quash the entire proceedings of Case Crime no. 0578 of 2021 under Section 138(1)(b) Indian Electricity Act of Police Station- A.P.T. Auraiya, District Auraiya pending in the court of learned Additional Sessions Judge, District- Auraiya as well as cognizance and summoning order dated 09.09.2024 through which applicant was summoned to face trial. 3. At the very outset, learned counsel for applicant submitted that applicant is ready to deposit within 15 days the amount of final assessment along with compounding fee, in pursuance to aforesaid proceeding initiated against him. 4. Per contra, Sri Baleshwar Chaturvedi, learned counsel for opposite party no. 2 submitted that final assessment has already been prepared in respect of applicant and if the applicant is ready to deposit the same along with compounding fee, no proceeding shall be instituted or continued against such consumer or person in any Court as defined under Section 152(2) of Electricity Act, 2003. 5. After hearing the rival submissions extended by learned counsel for the parties, one thing is crystal clear that in any case, if the applicant deposits within 15 days the pending charges as provided by the Electricity Department in favour of the applicant along with compounding fee thereafter in pursuance to Section 152(2) of Electricity Act, 2003, there is hardly any cause of action arises in favour of the prosecution to proceed with Case Crime no. 0578 of 2021 under Section 138(1)(b) Indian Electricity Act of Police Station- A.P.T. Auraiya, District Auraiya in respect of applicant. It is however, made clear that the final assessment shall be abide by applicant as submitted by learned counsel for the applicant on specific instructions. 6. The instant application u/s 482 stands disposed of accordingly. Order Date :- 23.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad