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Neutral Citation No. - 2025:AHC:111860 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 21857 of 2025 Applicant :- Shyam Gupta Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Dharmendra Shukla,Preet Pal Singh Rathore Counsel for Opposite Party :- Mukesh Kumar Singh,G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for applicant, learned A.G.A. for State and Sri Mukesh Kumar Singh, learned counsel for Electricity Department.
2. The instant application has been preferred for quashing the charge-sheet dated 11.08.2018, cognizance and summoning order dated 19.11.2018 and Non-Bailable Warrant dated 16.05.2025 and further proceeding of Special Case no. 442 of 2018 arising out of Case Crime no. 22 of 2018 under Section 138 Electricity Act, 2003 (State vs. Shyam Gupta) pending in court of Special Court, E.C. Act, Court no. 4, Shahjahanpur.
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 of Special Case no. 442 of 2018 arising out of Case Crime no. 22 of 2018 under Section 138 Electricity Act, 2003 (State vs. Shyam Gupta) pending in court of Special Court, E.C. Act, Court no. 4, Shahjahanpur 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 :- 11.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad