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Neutral Citation No. - 2025:AHC:110727 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 23016 of 2025 Applicant :- Hariom Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Arvind Kumar Dixit 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 Virendra Kumar Gautam holding brief of Sri Baleshwar Chaturvedi, learned counsel for Electricity Department/opposite party no.3.
2. The instant application has been preferred for quash the charge- sheet dated 25.12.2015, summoning order dated 13.07.2016 as well as entire proceeding against the applicant in S.S.T. no. 2000 of 2016 (relating to Case Crime no. 1224 of 2015) (State vs. Hariom) under sections 138(B) of Indian Electricity Act, 2003, PS- Shikohabad, District Firozabad.
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.S.T. no. 2000 of 2016 (relating to Case Crime no. 1224 of 2015) (State vs. Hariom) under sections 138(B) of Indian Electricity Act, 2003, PS- Shikohabad, District Firozabad 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