Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:135707 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 25367 of 2025 Applicant :- Mohd Naim Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Shailesh Kumar Srivastava,Shrikant Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for parties.
2. The instant application has been preferred for quash the charge- sheet dated 25.11.2022 summoning order dated 20.12.2022 passed by learned Sessions Judge/Special Judge (E.C. Act) Urai, District Jalaun in Session Trial no. 326 of 2022 (State of U.P. vs. Mohd. Naim) Case Crime no. 0019 of 2020 under Section 138B of Indian Electricity act (Amendment) 2003, PS- Anti-Power Theft Police Station Jalaun, District Jalaun pending in court of learned Additional Sessions/Special Judge E.C. Act, Urai, District Jalaun and entire proceeding of Sessions Trial no. 326 of 2022.
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 counsel for respondent 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 Session Trial no. 326 of 2022 (State of U.P. vs. Mohd. Naim) Case Crime no. 0019 of 2020 under Section 138B of Indian Electricity act (Amendment) 2003, PS- Anti-Power Theft Police Station Jalaun, District Jalaun 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 :- 11.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad