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Neutral Citation No. - 2025:AHC:123588 Court No. - 77 Case :- APPLICATION U/S 482 No. - 983 of 2025 Applicant :- Bholanath Opposite Party :- State Of U.P. And 2 Others Hon'ble Saurabh Srivastava,J.
1. Heard Shri Sunil Kumar Tiwari, learned counsel for the applicant and Shri Rakesh Kumar Mishra holding brief of Shri Narendra Kumar Tewari,, learned counsel for Electricity Department.
2. The instant application under Section 482 Cr.P.C has been preferred with the prayer to quash the entire proceedings of Case No.1872 of 2019 (State vs. Bholanath) arising out of Case Crime no.539 of 2017 under Section 138(B), Indian Electricity Act (Amendment)-2003, including charge sheet dated 17.02.2018 alongwith cognizance/summoning order dated 29.03.2019, Police Station Karchhana District Allahabad (Prayagraj) pending before the learned Special Judge (E.C.Act), Allahabad (Prayagraj).
3. At the very outset learned counsel appearing on behalf of the applicant submitted that in response to the assessment and compounding rate which has been apprised by learned counsel appearing on behalf of the Electricity Department, the same has already been deposited on 15.12.2017 and there is specific letter issued by Junior Engineer, 33/11 KV Sub Station, Bhirpur stating that name of the applicant may be excluded from the proceedings initiated in pursuance to aforesaid case crime number, which is admitted by learned counsel appearing on behalf of Electricity Department.
4. On the basis of instructions so received by Shri Rakesh Kumar Mishra holding brief of Shri Narendra Kumar Tewari on behalf of Electricity Department that there is hardly any dispute in respect of non- involvement of the applicant in any manner whatsoever in the aforesaid case and as such entire
proceeding of Case No.1872 of 2019 (State vs. Bholanath) arising out of Case Crime no.539 of 2017 under Section 138(B), Indian Electricity Act (Amendment)-2003, including charge sheet dated 17.02.2018 alongwith cognizance/summoning order dated 29.03.2019, Police Station Karchhana District Allahabad (Prayagraj) pending before the learned Special Judge (E.C.Act), Allahabad (Prayagraj) are hereby set aside.
5. The instant application stands allowed accordingly. Order Date :- 24.7.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad