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Neutral Citation No. - 2025:AHC:144567 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 30975 of 2025 Applicant :- Kanhaiya Lal Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Yatharth Srivastava Counsel for Opposite Party :- G.A.,Sushil Kumar Pandey Hon'ble Saurabh Srivastava,J.
1. Heard Sri Yatharth Srivastava, learned counsel for applicant, learned A.G.A. for State and Sri Sushil Kumar Pandey, learned counsel for Electricity Department.
2. The instant application has been preferred for quashing the entire proceeding on the basis of compromise made between the parties and set aside the summoning order dated 13.05.2025 passed by Special Judge/Additional Session Judge, 1st, Bhadohi in Case no. 243/2025 (State vs. Kanhaiya Lal) under Section 135 of Electricity Act, arising out of Case Crime no. 231/2022, PS- Anti- Power Theft, Bhadohi, District Bhadohi.
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. 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 Case no. 243/2025 (State vs. Kanhaiya Lal) under Section 135 of Electricity Act, arising out of Case Crime no. 231/2022, PS- Anti- Power Theft, Bhadohi, District Bhadohi 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 :- 22.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad