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Neutral Citation No. - 2025:AHC:102546 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 21018 of 2025 Applicant :- Shashipal @ Pappu Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Raj Narayan 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 of chargesheet dated 25.12.2015 as well as cognizance and summoning order dated 09.05.2016 passed in Case No.1661 of 2016 (State vs. Shashipal @ Pappu) arising out of Case Crime No.907 of 2015, under section 135 of Electricity Act, P.S. Sikandara, District- Agra, pending in the court of learned Special Chief Judicial Magistrate, Agra. 3. Learned counsel for the applicant has submitted that applicant is ready and willing to deposit the compounding fee/charges before the Electricity Department and as such, on that ground, entire proceedings of the present case may be quashed. 4. Learned A.G.A. as well as learned counsel for the Electricity Department have no objection over the prayer made by learned counsel for applicant. 5. In view of the submissions made by both the parties and considering the nature of offence, chargesheet dated 25.12.2015 as well as cognizance and summoning order dated 09.05.2016 passed in Case No.1661 of 2016 (State vs. Shashipal @ Pappu) arising out of Case Crime No.907 of 2015, under section 135 of Electricity Act, P.S. Sikandara, District- Agra, pending in the court of learned Special Chief Judicial Magistrate, Agra, is 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 learned trial court. Learned trial court shall thereafter verify the same from the Electricity Department. (c) After verification of deposition of compounding fee/charges by Electricity Department, the entire proceeding arising out of Case Crime No.907 of 2015, under section 135 of Electricity Act, P.S. Sikandara, District- Agra shall immediately be closed and consigned to record. (d) In case of non-compliance, learned 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 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad