NAFEES ALIAS ANIS KHAN v. STATE OF U.P. AND 3 OTHERS
NA528/25627/2025 · 2025-07-21
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 68552 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 68552 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:119517 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 25627 of 2025 Applicant :- Nafees Alias Anis Khan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ram Chandra Solanki Counsel for Opposite Party :- G.A.,Manu Ghildyal Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for applicant, learned A.G.A. for State and Sri Ishan Mishra holding brief of Sri Manu Ghidyal, learned counsel for Electricity Department.
2. The instant application has been preferred for quashing the impugned NBW order dated 02.08.2024 proceeding under Section 82 Cr.P.C. dated 20.09.2024 and proceeding under Section 83 Cr.P.C. dated 15.05.2025 passed in Special Case no. 41/2017 (State vs. Anis Khan) arising out of Case Crime no. 587 of 2016 under Section 138 Electricity Act, PS- Bakevar, District Etawah, pending in court of learned Special Judge (E.C. Act), Etawah.
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 Special Case no. 41/2017 (State vs. Anis Khan) arising out of Case Crime no. 587 of 2016 under Section 138 Electricity Act, PS- Bakevar, District Etawah 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 :- 22.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad