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Neutral Citation No. - 2025:AHC:142729 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 25576 of 2025 Applicant :- Mohd Hasan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shamasul Eslam Counsel for Opposite Party :- Chetan Chatterjee,G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for applicant, learned A.G.A. for State and Sri Chetan Chatterjee, learned counsel for Electricity Department.
2. The instant application has been preferred for quashing of charge-sheet no. 648 of 2024 dated 24.06.2024 as well as cognizance/summoning order dated 11.04.2025 and entire proceeding of Sessions Case no. 314 of 2025 (State Vs. Mohd. Hasan), arising out of Case Crime no. 260/2022, under Section 135 Electricity Act, PS- Anti Power Theft Ballia, District Ballia, pending before learned Special Judge (E.C. Act)/Additional Session Judge, Ballia.
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 today. (b) Upon payment, the applicant 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.
(c) After the verification of deposition of compounding fee/charges by Electricity Department, the entire proceeding arising out of Sessions Case no. 314 of 2025 (State Vs. Mohd. Hasan), arising out of Case Crime no. 260/2022, under Section 135 Electricity Act, PS- Anti Power Theft Ballia, District Ballia, shall immediately be closed only in respect of applicant herein and consigned to record. (d) In case of non-compliance, the trial court concerned 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 :- 20.8.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad