Neutral Citation No. - 2025:AHC:101443 Court No. - 77 Case :- APPLICATION U/S 482 No. - 19269 of 2024 Applicant :- Shwetanshu Kumar Ojha Opposite Party :- State Of U.P. And 2 Other Counsel for Applicant :- Ashok Kumar Shukla,Bagish Kumar Tiwari Counsel for Opposite Party :- Chetan Chatterjee,G.A.,Pawan Kumar Mishra Hon'ble Saurabh Srivastava,J. 1. Rejoinder affidavit preferred on behalf of the applicant is taken on record. 2. Heard learned counsel for applicant, learned A.G.A. for State and Sri Pawan Kumar Mishra, learned counsel for opposite party nos. 2 and 3. 3. The instant application has been preferred for quashing the entire criminal proceedings of Sessions Case No. 149 of 2024 (State vs. Shwetanshu Kumar Ojha) arising out of Case Crime No. 590 of 2020, under section 135 of Electricity Act, 2003, P.S. Anti Power Theft, District- Ballia, pending in the court of learned Special Judge (E.C. Act)/Additional Sessions Judge, Ballia including the charge-sheet no. 598 of 2022 dated 05.12.2022 as well as cognizance/summoning order dated 16.02.2024. 4. 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. 5. Learned A.G.A. as well as learned counsel for the opposite party nos. 2 and 3 have no objection over the prayer made by the applicant's counsel. 6. In view of the submissions made by both the parties and considering the nature of offence, the entire proceedings in shape of Sessions Case No. 149 of 2024 (State vs. Shwetanshu Kumar Ojha) arising out of Case Crime No. 590 of 2020, under section 135 of Electricity Act, 2003, P.S. Anti Power Theft, District- Ballia, pending in the court of learned Special Judge (E.C. Act)/Additional Sessions Judge, Ballia including the charge-sheet no. 598 of 2022 dated 05.12.2022 as well as cognizance/summoning order dated 16.02.2024, 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. 590 of 2020, under section 135 of Electricity Act, 2003, P.S. Anti Power Theft, District- Ballia 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. 7. With the aforesaid directions, the application stands disposed of. Order Date :- 1.7.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad