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Neutral Citation No. - 2025:AHC:101344 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 21576 of 2025 Applicant :- Sanjay Vishwkarma Opposite Party :- State Of U.P. And 2 Other Counsel for Applicant :- Kamlesh Kumar Tiwari Counsel for Opposite Party :- G.A.,Narendra Kumar Tiwari Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for applicant, learned A.G.A. for State and Sri Narendra Kumar Tiwari, learned counsel for Electricity Department. 2. The instant application has been preferred for quashing the entire criminal proceedings of S.T. No.371 of 2021 (State vs. Sanjay Vishwakarma) arising out of Case Crime No.516 of 2018, under section 138(B) of Electricity Act, P.S. Khuldabad, District- Prayagraj, pending in the court of learned Special Judge (E.C. Act), Allahabad including the charge-sheet dated 06.03.2019 as well as summoning order dated 22.01.2021. 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, the entire proceedings in shape of S.T. No.371 of 2021 (State vs. Sanjay Vishwakarma) arising out of Case Crime No.516 of 2018, under section 138(B) of Electricity Act, P.S. Khuldabad, District- Prayagraj, pending in the court of learned Special Judge (E.C. Act), Allahabad including the charge- sheet dated 06.03.2019 as well as summoning order dated 22.01.2021, are hereby quashed, subject to the following conditions:- (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 Case Crime No.516 of 2018, under section 138(B) of Electricity Act, P.S. Khuldabad, District- Prayagraj shall immediately be closed 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, the Electricity Department shall be at liberty to realize the same in accordance with law. 6. With the aforesaid directions, the application stands disposed of. Order Date :- 1.7.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad