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2025 DAILYLAW 67575 (ALL)

ABID KHAN AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

NA528/21512/2025 · 2025-06-30

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:101091 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 21512 of 2025 Applicant :- Abid Khan And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ram Babu Singh Counsel for Opposite Party :- G.A.,Narendra Kumar Tiwari Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicants, learned A.G.A. for State and Sri Narendra Kumar Tiwari, learned counsel for Electricity Department. 2. The instant application has been preferred for quashing the entire criminal proceedings of Special Session Trial No.161 of 2022 (State vs. Abid Khan and Others) arising out of Case Crime No.207 of 2019, under section 138-1(b) of Electricity Act, P.S. Anti Power Theft, District- Prayagraj, pending in the court of learned Special Judge (E.C. Act), Allahabad including the charge- sheet dated 04.01.2022 along with cognizance order dated 04.07.2022. 3. Learned counsel for the applicants submits that the applicants are ready and willing to deposit the compounding charges before the Electricity Department. Therefore, on this ground, the applicants pray for quashing of the impugned proceedings. 4. Learned A.G.A. as well as learned counsel for the Electricity Department has no objection over the prayer made by the applicants' 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 Session Trial No.161 of 2022 (State vs. Abid Khan and Others) arising out of Case Crime No.207 of 2019, under section 138-1(b) of Electricity Act, P.S. Anti Power Theft, District- Prayagraj, pending in the court of learned Special Judge (E.C. Act), Allahabad including the charge-sheet dated 04.01.2022 along with cognizance order dated 04.07.2022, are hereby quashed, subject to the following conditions:- (a) The applicants 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 applicants 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.207 of 2019, under section 138-1(b) of Electricity Act, P.S. Anti Power Theft, District- Prayagraj 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 :- 1.7.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad