Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:116193 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 24896 of 2025 Applicant :- Sakhawat Hussain Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Brijesh Kumar Pandey Counsel for Opposite Party :- G.A.,Pranjal Mehrotra Hon'ble Saurabh Srivastava,J.
1. Heard Sri Brijesh Kumar Pandey, learned counsel for applicant and learned AGA for State.Even in revised call, none appeared on behalf of Electricity Department although name of Sri Pranjal Mehrothra is shown in cause list.
2. Present application has been preferred with prayer to quash the charge-sheet no. 218 of 2017 dated 30.06.2017 arising out of Case Crime no. 297 of 2017 under Section 138B of Electricity Act, PS- Tanda, District Rampur as well as cognizance/summoning order dated 31.05.2018 passed by learned Special Judge (E.C. Act)/Additional Session Judge, Rampur and further prayer has been made to quash the entire proceeding of Case no. 0589 of 2018 (State vs. Sakhawat Hussain and others) pending before learned Special Judge (E.C. Act)/Additional Session Judge, Rampur.
3. It is submitted by learned counsel for applicant that applicant has deposited the compounding amount as fixed by the Electricity Department and after deposition of said amount, the Sub- Divisional Officer 2nd, District Rampur has wrote letter dated 14.07.2017 to concerned Station House Officer to do the needful. Once applicant has deposited the compounding amount as fixed by Electricity Department, then present criminal case is nothing but harassment of applicant.
4. Per contra, learned AGA vehemently opposed the prayer sought through instant application.
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) If applicant has deposited the compounding fees as stated
above, he shall file a copy of the payment receipt before the trial court concerned. The trial court shall thereafter verify the same from the Electricity Department. (b) After the verification of deposition of compounding fee/charges by Electricity Department, the entire proceeding arising out of Case no. 0589 of 2018 (State vs. Sakhawat Hussain and others) shall immediately be closed only in respect of applicant herein and consigned to record. (c) In case of non-compliance, the trial court shall be at liberty to proceed in accordance with law. (d) 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 :- 17.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad