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Neutral Citation No. - 2025:AHC:126003 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 26795 of 2025 Applicant :- Trishool Chandra Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Raj Kumar Singh Counsel for Opposite Party :- G.A.,Gaurav Singh Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for applicant, learned A.G.A. for State and Sri Gaurav Singh, learned counsel for Electricity Department.
2. The instant application has been preferred for quashing the entire criminal proceeding of Session Case no. 680 of 2024 (State vs. Trishool Chandra) arising out of Case Crime no. 536 of 2021, under Section 135 of Indian Electricity Act, PS- Anti-Power Theft, District Chitrakoot, pending in court of Additional District & Sessions Judge/ F.T.C., Chitrakoot and charge sheet dated 13.06.2024 and cognizance order as well as summoning order dated 06.12.2024 passed by First Additional District & Sessions Judge (Special Judge), Electricity Act, Chitrakoot.
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 Session Case no. 680 of 2024 (State vs. Trishool Chandra) arising out of Case Crime no. 536 of 2021, under Section 135 of Indian Electricity Act, PS- Anti-Power Theft, District Chitrakoot 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 :- 29.7.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad