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2025 DAILYLAW 64903 (ALL)

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

NA528/20803/2025 · 2025-07-06

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:106588 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 20803 of 2025 Applicant :- Pratap Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Akhand Pratap Singh,Saurabh Pandey Counsel for Opposite Party :- Baleshwar Chaturvedi,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 proceedings of Special Case No.2404 of 2017 (State vs. Pratap) arising out of Case Crime No.204 of 2017, under section 138(B) of Electricity Act, P.S. Raya, District- Mathura, pending in the court of learned Additional District and Session Judge/Special Judge, Mathura including the charge-sheet dated 11.04.2017 as well as cognizance order dated 30.08.2017. 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 Special Case No.2404 of 2017 (State vs. Pratap) arising out of Case Crime No.204 of 2017, under section 138(B) of Electricity Act, P.S. Raya, District- Mathura, pending in the court of learned Additional District and Session Judge/Special Judge, Mathura including the charge-sheet dated 11.04.2017 as well as cognizance order dated 30.08.2017, 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.204 of 2017, under section 138(B) of Electricity Act, P.S. Raya, District- Mathura 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 :- 7.7.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad