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2025 DAILYLAW 64455 (ALL)

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

NA528/19425/2025 · 2025-05-27

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:91444 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 19425 of 2025 Applicant :- Sushil Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ram Babu Singh Counsel for Opposite Party :- G.A.,Narendra Kumar Tiwari Hon'ble Saurabh Srivastava,J. 1. Supplementary affidavit preferred on behalf of applicant after serving copy of the same upon learned counsel for opposite parties is take on record. 2. Heard learned counsel for applicant, learned A.G.A. for State and learned counsel for Electricity Department. 3. The instant application has been preferred for quashing the entire criminal proceedings of Case No.492 of 2019 (State vs. Sushil) arising out of Case Crime No.151 of 2016, under section 138(B) of Electricity Act, P.S. Daraganj, District- Prayagraj, pending in the court of learned 4th Additional Session Judge/Special Judge (E.C. Act), Allahabad including the charge- sheet dated 28.08.2016 along with cognizance order dated 01.02.2019. 4. Learned counsel for the applicant submits that the applicant is ready and willing to deposit the compounding charges before the Electricity Department. Therefore, on this ground, the applicant prays for quashing of the impugned proceedings. 5. Learned counsel for the Electricity Department has no objection to the prayer made by the applicant's counsel. 6. In view of the submissions made by both the parties and considering the nature of the offence, the entire proceedings in shape of Case No.492 of 2019 (State vs. Sushil) arising out of Case Crime No.151 of 2016, under section 138(B) of Electricity Act, P.S. Daraganj, District- Prayagraj, pending in the court of learned 4th Additional Session Judge/Special Judge (E.C. Act), Allahabad including the charge-sheet dated 28.08.2016 along with cognizance order dated 01.02.2019, are hereby quashed, subject to the following conditions: (a) The applicant shall deposit the compounding charges with the Electricity Department within one month from the date of receipt of a 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) In case deposition of compounding fee shall be verified by Electricity Department, the entire proceeding arising out of Case Crime No.151 of 2016, P.S. Daraganj, 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. 6. With the aforesaid directions, the application stands disposed of. Order Date :- 28.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad