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2025 DAILYLAW 64890 (ALL)

SUBHASH CHANDRA v. STATE OF U.P. AND 2 OTHERS

NA528/19630/2025 · 2025-07-09

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:111817 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 19630 of 2025 Applicant :- Subhash Chandra Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Adya Prasad Tewari,Rajnesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Adya Prasad Tewari along with Sri Rajnesh Kumar, learned counsel for applicant, learned A.G.A. for State and Sri Manu Ghidyal, learned counsel for Electricity Department. 2. The instant application has been preferred for quashing the charge-sheet dated 29.10.2022 submitted by the I.O. in Case Crime no. 1306 of 2020 under Section 135 Indian Electricity (Amendment) Act, 2003, PS- Anti-Power Theft, District- Etawah and quash the summoning order dated 17.01.2024 passed by the Special Judge (E.C. Act) Etawah S.T. no. 167 of 2024 (State vs. Subhash Chandra) under Section 135 Electricity Act as well as quash the entire proceeding of S.T. no. 167 of 2024 arising out of Case Crime no. 1306 of 2020. 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 S.T. no. 167 of 2024 arising out of Case Crime no. 1306 of 2020 under Section 135 Indian Electricity (Amendment) Act, 2003, PS- Anti- Power Theft, District- Etawah 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 :- 10.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad