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2025 DAILYLAW 60400 (ALL)

JAMIL AHMAD v. STATE OF U.P. AND ANOTHER

NA528/19930/2025 · 2025-07-06

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:106666 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 19930 of 2025 Applicant :- Jamil Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surendra Nath Tripathi Counsel for Opposite Party :- G.A.,Pranjal Mehrotra Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant, learned A.G.A. for State and Sri Pranjal Mehrotra, learned counsel for Electricity Department. 2. The instant application has been preferred for quashing the entire proceeding of charge-sheet no. 0962 of 2023 dated 05.10.2023 as well as cognizance order alongwith summoning order dated 06.11.2024 in Special Case no. 1013/2024 arising out of Case Crime no. 4520/2020 under Section 135 Electricity Act, PS- APT (Anti Power Theft Rampur), District Rampur (State vs. Jamil Ahmad), which is pending before learned Special Judge (E.C. Act)/Additional Session Judge, Rampur. 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. (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. 1013/2024 arising out of Case Crime no. 4520/2020 under Section 135 Electricity Act, PS- APT (Anti Power Theft Rampur), District Rampur (State vs. Jamil Ahmad) 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. (f) After deposition of compounding fee, if applicant intends to have commercial electricity connection, the same shall be provided to the applicant within a month thereafter. Order Date :- 7.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad