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2025 DAILYLAW 72145 (ALL)

SUDHIR v. STATE OF U.P. AND 2 OTHERS

NA528/24300/2025 · 2025-07-10

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:111261 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 24300 of 2025 Applicant :- Sudhir Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Jagdish Prasad Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for applicant, 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 chargesheet no.581/2024 dated 03.10.2024 and cognizance/summoning order dated 05.02.2025 along with entire proceedings of Case No.243 of 2025 (State Vs. Sudhir), arising out of Case Crime no. 2542 of 2021, under Section 135 Electricity Act, PS- Anti Theft Power, District Muzaffarnagar, pending before learned Additional District and Session Judge, Court No.4, Muzaffarnagar. 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. Only till one month from today, no coercive action shall be initiated against the applicant. (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 verification of deposition of compounding fee/charges by Electricity Department, the entire proceeding arising out of Case No.243 of 2025 (State Vs. Sudhir), arising out of Case Crime no. 2542 of 2021, under Section 135 Electricity Act, PS- Anti Theft Power, District Muzaffarnagar, 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 are concerned, the Electricity Department shall be at liberty to realize the same in accordance with law. Order Date :- 11.7.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad