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2025 DAILYLAW 61880 (ALL)

VINOD KUMAR v. STATE OF U.P. AND 2 OTHERS

NA528/20421/2025 · 2025-07-08

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:109346 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 20421 of 2025 Applicant :- Vinod Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Akash Tripathi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant, learned A.G.A. for State and Sri Baleshwar Chaturvedi, learned counsel for Electricity Department. 2. The instant application has been preferred for quashing the entire criminal proceeding and the NBW orders dated 14.10.2019, 02.01.2020, 14.10.2020, 03.01.2022, 14.03.2022, 09.08.2022, 05.01.2023, 31.08.2023, 23.12.2023, 26.04.2024, 30.08.2024, 23.12.2024, 24.02.2025 arising out of Crime no. 845/2015 (State vs. Vinod Kumar, under Section 135 Electricity Act, 2003 and also to quash the cognizance and summoning order dated 20.03.2017 submitted by the Investigating Officer under the aforesaid sections before the competent court passed by (Apar Satra Nyayadhish Number. 5, Firozabad) arising out of Crime no. 845/2015. 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 Crime no. 845/2015 (State vs. Vinod Kumar), under Section 135 Electricity Act, 2003, PS- Tundla, District Firozabad 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. Order Date :- 9.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad